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April 21, 2008 Senate committees approve key health care and public safety bills as legislators Long committee meetings and lengthy debates characterized this week's action on Capitol Hill, as the State Senate continued to make progress in winding down this legislative session. Several key issues were among the bills that were approved by committees including legislation to give seniors and disabled citizens more long term care options, a measure calling for mandatory sentences for repeat DUI offenders, and two proposals to stiffen penalties for assault on law enforcement officers. The Senate’s Commerce, Labor and Agriculture Committee; Environment and Conservation Committee; General Welfare, Health and Human Services Committee; and State and Local Government Committees concluded their business this week for the 2008 legislative session. The Senate Transportation Committee completed their legislative calendar for the year last week, leaving only the Finance Committee, Education Committee, Judiciary Committee and the Government Operations Committee open. Action will now shift from committees to the floor of the Senate during the remainder of the legislative year, which is expected to conclude in about four weeks. Spring Sales Tax Holiday begins Friday, April 25 Tennessee’s spring sales tax holiday is set to begin at 12:01 on Friday, April 25 and will end at 11:59 on Sunday, April 27. During this designated three-day weekend, consumers may purchase selected clothing, school supplies and computers without paying Tennessee’s state and local sales tax on the items. It applies to clothing priced $100 or less per item and computers priced $1,500 or less. This holiday also includes purchases of qualified items sold via mail, telephone, e-mail, or Internet if the customer orders and pays for the item and the retailer accepts the order during the exemption period for immediate shipment, even if delivery is made after the exemption period. “Senate Republicans were instrumental in the passage of several tax reform initiatives during the past legislative session,” said Senate Republican Leader Mark Norris “This includes the August and spring sales tax holidays, a half cent reduction on the sales tax on food, and implementation of property tax relief for senior citizens and disabled veterans.” “We certainly want to allow for as many citizens as possible to take advantage of the sales tax holiday in Tennessee,” said Sen. Burchett, sponsor of the SB 2730 that moved the tax date to April. “It will hopefully provide a boost to the economy, while helping our citizens realize some tax relief.” Details about the state's special Sales Tax Holiday are available at the state’s dedicated Web site, www.tntaxholiday.com. The Tennessee Department of Revenue also offers assistance to consumers via e-mail, Salestax.Holiday@state.tn.us, and through its toll-free statewide telephone hot line, (800) 342-1003. Staff is available to answer questions Monday through Friday 7 a.m. to 5 p.m. Central Time. (Out-of-state and Nashville-area callers, please dial (615) 253-0600.) Legislation gives elderly and disabled more long term care options Legislation that would give elderly and disabled Tennesseans more long term care options was approved by the Senate General Welfare Committee this week. The bill is the result of collaborative efforts by Governor Phil Bredesen, a special legislative committee studying long term care in Tennessee, and other legislative leaders who have been working on the comprehensive proposal to provide more choices for citizens in need of long term care services. Presently, 98 percent of long-term care funding is spent on institutional care and limited utilization of lower cost home and community-based options. “We have set forward in this bill our guiding principles of what a long term care system in Tennessee should look like,” said Republican Caucus Chairman Diane Black (R- Gallatin), a member of the study committee and registered nurse. “It shows a commitment to a continuum of care, whereby an individual can enter the system in the least restrictive setting and receive services to make it a seamless system. Currently, the state’s long term care system is very fragmented, providing funds for only a small amount of home- and community-based services and nursing home care.” “There are many other options that should be included like adult day care options and assisted care living. We are trying to get a system where you can enter on one end and it will be seamless as the needs of the individual changes. This makes the single entry point, where citizens can come into the long term care system at one place, a very important component of this legislation,” Black continued. “Currently, access is a barrier with no coordination between services,” added General Welfare, Health and Human Services Chairman Rusty Crowe. “This makes it difficult for people who need this care and their families to understand their options, make informed decisions and access services.” The bill, called the “Long-Term Care Community Choices Act of 2008,” simplifies access to home and community-based services and increases the number of people able to stay at home for long-term care needs through the state’s TennCare program. The bill:
The Committee amended the bill to include accountability and legislative oversight through creation of a Long Term Care Oversight Committee. An amendment was also added to provide a four-year “sunset” provision, so the legislature can have a thorough review of the program in its first few years of implementation. “I believe we have put the appropriate accountability measures in the bill to monitor its implementation,” said Sen. Raymond Finney (R-Maryville), a physician and member of the General Welfare Committee. “This should provide more choices for our seniors and disabled to help them ‘age in place’ in their homes.”
The Senate Judiciary Committee has approved legislation, sponsored by Senator Rusty Crowe (R-Johnson City), that would add vehicular homicide as a result of the driver's intoxication and aggravated vehicular homicide to offenses requiring mandatory sentencing. The bill, SB 2869 , requires those convicted to serve 100 percent of the sentence imposed by the court, less sentence credits earned, which assures that at least 85 percent will be behind bars. Crowe sponsored the bill after the death of David Hudson, of Piney Flats, who was hit crossing a Johnson City street in December by a man whose blood alcohol level was nearly twice the legal limit. The man, who was charged with vehicular and aggravated vehicular homicide, had four previous DUI convictions dating back to 1989. Senator Crowe said, “When I came before the Senate Judiciary Committee meeting today knowing that this bill had a significant fiscal note during a time our state has a budget gap, I was concerned that my chances of passage was slim. However, I am very appreciative the committee members felt that same disgust and call to arms to finally make progress in getting drunk drivers off our roads by imposing mandatory sentences.” In other DUI action in the Judiciary Committee, members voted to increase DUI fines by $250. Part of the money would be kept in the local communities where the crime occurred for housing offenders or law enforcement needs. The other half would be used for alcohol or drug addition treatment. Senator Raymond Finney (R-Maryville), sponsor of the bill, said the increase in fines should act as a deterrent and provide funding needed to make “headway” in combating drunk driving. The bill, SB 85, is expected to provide $1.5 million to the state and $1.5 million to local governments. Finally, the Senate Judiciary Committee passed legislation, SB 3042, to ban open containers of alcohol in vehicles. The bill, sponsored by Senator Mae Beavers (R-Mt. Juliet) would allow Tennessee to have control over $12 million in federal highway funds due to the state not being in compliance with federal safety laws. “The law presently on the books is merely an invitation for someone to drink and drive as long as there’s a passenger that they can ‘pass the bottle’ to if they get pulled over by law enforcement,” said Beavers. “This legislation will provide safety for our citizens and help us access needed road funds.” Bills to protect law enforcement officers approved by Judiciary Committee Two bills stiffening penalties for crimes against law enforcement officers were approved this week in the Senate Judiciary Committee. One bill, sponsored by Senator Bill Ketron (R-Murfreesboro), would provide that a killing of a law enforcement officer during perpetration of a felony would be elevated to first degree murder under the felony murder rule, making it a death penalty offense. Ketron said the bill, SB 2960, would apply to cases, like one in involving the shooting of Trooper Calvin Jenks, who was from his legislative district. Trooper Jenks was shot and killed while conducting a traffic stop near the intersection of Highways 14 and 54 in Tipton County. During the stop, Trooper Jenks smelled marijuana from the vehicle and was told by the driver that there were drugs in the center console. When he asked the passenger if he had any drugs, the man produced a handgun and opened fire, striking Trooper Jenks once in the head and once in the body. “We must protect the law enforcement officers that are protecting us,” said Senator Ketron. The second bill, sponsored by Judiciary Chairman Mae Beavers (R-Mt. Juliet), would create a new felony offense for simple assault on an officer. SB 3987 Both bills would apply in cases of the intentional killing of an officer. It also applies to cases where the officer was killed in the line of duty. Armed robbers would serve more time behind bars under legislation approved by Judiciary Committee The Senate Judiciary Committee has approved legislation requiring those convicted of aggravated robbery or especially aggravated robbery offenses to serve 100 percent of the sentence, less sentence reduction credits of up to 15 percent to keep them on the straight and narrow while in jail. The bill, which was sponsored by Senator Paul Stanley (R-Germantown), is modeled after a Florida law passed in 1999 that significantly reduced armed robberies after implementation. Currently, those convicted of armed robbery in Tennessee are eligible for release after serving 30 percent of their sentence. The committee heard testimony from Mary Anne Purcell, whose fiancé was killed in an armed robbery last fall in the Nashville restaurant he managed. The killer and his accomplice got away with only $200. Purcell said current sentences are ineffective to deter the crime. She said the brief jail time served by most are a “slap on the wrist” and often embolden gang members to continue a life of crime, as their status is raised by serving time behind bars. “We must address the serious crime of armed robbery,” said Senator Stanley. “Our current laws are not working as a deterrent. This legislation would keep these criminals off the streets and protect our citizens.” SB 3909 Issues in Brief Notary public – The Senate Judiciary Committee approved legislation this week to require any person who is a notary public to be a U.S. citizen or legal permanent resident. The bill is sponsored by Senator Bill Ketron (R-Murfreesboro). SB 2964 Lethal injection ruling – The U.S. Supreme court has cleared the way for states to carryout their death penalty statues with a ruling on Wednesday that lethal injection does not violate the U.S. Constitution. Tennessee had stayed executions while the nation’s high court considered the Baze v. Rees case that claimed lethal injection was “cruel and unusual.” The legislature has worked diligently to address barriers to carrying out the death sentence and for restoration of Tennessee’s death penalty law by changing the method of execution from electrocution to lethal injection during the 1998 session. Before that time, the state has not executed a prisoner convicted of capital crimes in 38 years. Edward Jerome Harbison had been scheduled to die in January for the beating death of an elderly woman. The execution of Paul Dennis Reid, who was sentenced to death for multiple fast food restaurant killings, was also stayed due to the Supreme Court case. Death Penalty Special Committee -- On Thursday, the Senate Judiciary Committee approved a bill to extend the life of the special committee created to study the administration of Tennessee’s death penalty system. Handgun permits – Legislation that would send $15 of the handgun permit fee to county sheriffs, who must do a background check on applicants, passed the Senate Finance Committee this week. The sheriffs have been conducting the background checks without being reimbursed by the state while extra money collected above the cost of processing the permit has been accumulating in a reserve account. Testimony in the committee revealed that $5.5 million has gone into a reserve account due to excess charges of the $115 initial handgun permit fee. The bill is sponsored by Senator Mark Norris (R-Collierville). SB 2770 Ethics / Campaign -- The State and Local Government Committee has approved a bill that bans a member of a county election commission or the state election commission from participating in the management or leadership of a political party organization or a candidate’s campaign during the member’s term of office. The bill is sponsored by Senator Dewayne Bunch (R-Cleveland). SB 551 Sex offenders – The Judiciary committee voted to approve legislation that would provide that if a sex offender changes names or provides a different name than is listed on their original registration form, they must report all names to the registry. The bill would make it clear that sex offenders cannot change their name to skirt the law regarding sex offender registry requirements. The bill is sponsored by Senator Tim Burchett (R-Knoxville). SB 3894 Environmental Clean-up – Legislation to clean up the Nolichucky River advanced this week in the Senate Environment Committee. The bill will help the state receive grants and assistance to clean up over 100,000 tires in a portion of the river. The bill is sponsored by Senator Steve Southerland (R-Morristown). SB 4119 Asthma Registry – Information on asthma would be accumulated in order to develop a comprehensive state plan to combat the condition under legislation approved in the Senate General Welfare, Health and Human Resource Committee this week. The bill requires a statewide asthma registry containing a database of patients with asthma. The bill is sponsored by Senator Diane Black (R-Gallatin). SB 3145 Property Tax Relief – The House of Representatives passed and sent to the governor a bill sponsored by Senator Mark Norris (R-Collierville) to provide property tax relief. The bill would increase from $20,000 to $24,000 the maximum allowable income for determining eligibility to participate in the state’s tax relief program for homeowners who are totally or permanently disabled. SB 2541 * * * * * |
