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April 25, 2008 Medical malpractice reform bill heads to governor after Senate approval The State Senate has approved and sent to the governor major tort reform legislation aimed at weeding out meritless medical malpractice lawsuits. Medical malpractice costs have been a factor in pushing up the cost of health care nationwide. The Department of Commerce and Insurance Annual Reports on Medical Malpractice have shown that more than 80% of the lawsuits filed in Tennessee lack sufficient merit to proceed. “This is the most significant reform to the Tennessee Medical Malpractice Act in more than a generation,” said Senate Republican Leader Mark Norris (R-Collierville), who is the sponsor of the bill. “It strikes at the heart of wasteful and costly litigation. This gives Tennesseans hope for affordable health care and restores confidence in providers that they can invest in their patients' care rather than lawsuits." Last year the legislation passed the Senate but hit roadblocks in the House of Representatives regarding which medical experts can testify in malpractice trials, called the “locality rule.” The bill, SB 2001, was deferred until this year after an agreement could not be reached before the close of the 2007 legislative session. That provision has now been removed from the bill. Key provisions in the bill include:
Norris said the General Assembly has been working on the bill since 2001. The medical malpractice liability act was last amended in 1975. Finance Committee approves legislation to prohibit the diversion of gas tax money from Tennessee’s road fund Legislation that maintains Tennessee’s dedicated road fund advanced this week with approval from the Senate Finance Committee. The bill would prohibit the diversion of gas tax money through the state’s budget, or appropriations bill, without authorization from separate legislation to assure full debate of the issue. Currently, the dedicated road fund can be diverted through a line in the appropriations bill, which is a much easier route to raid the funds. “This bill, SB 3345, would put Tennessee back in the position prior to 2004 to keep the state from easily diverting gas tax money for other state government purposes,” said Republican Caucus Chairman Diane Black (R-Gallatin). “It seeks to restore the appropriate checks and balances to ensure that any diversion of the funds are fully meted out through our normal legislative process. There is nothing saying that in a crisis situation that the governor cannot come back and make a case to divert this money in dire circumstances through passage of legislation just as they did previous to 2004.” The Department of Transportation only spends the funds that are available through its dedicated revenues, gas taxes and highway user fees, and federal funding. Called “dedicated funding” since users pay for the roads through gas taxes and fees, a portion of the gasoline tax also goes to cities and counties in Tennessee to fund local roads. This dedicated revenue system was put into place when the gas tax was raised to fund the road program. Over the last five or six years, $280 million in road funds has been funneled from the gas tax to meet other state government expenditures. “The public is just skeptical,” said Senator Norris. “They say ‘I am not paying at the pump to build a fund for future transportation needs. I am pumping for Pre-K, or I am pumping for switchgrass, or I am pumping for some other thing that this or some other governor comes along and thinks is more important than making sure the bridge doesn’t collapse here like it did in Minneapolis.’ To allow this practice to continue would be disingenuous on our part. People need to know that when they fill up their gas tanks today, tonight, and tomorrow, that 21.4 cents will be used for the purpose for which it was originally intended.” Senate Finance Chairman Randy McNally told the committee that legislation had been approved to divert funds from many dedicated and reserve accounts to meet other expenses during the financial pinch in 2001. However, all other reserve or dedicated funds which were diverted to meet other expenses during the past financial crisis had been restored to the normal legislative process, except for the road fund. Norris said the federal highway transportation fund is drastically declining and the legislature must plan for future needs based on state revenues, beginning as early as next year. This fact, coupled with concerns regarding the future of the gas tax due to the rising cost of gasoline, could erode Tennessee’s ability to provide the repairs and infrastructure needed for the state’s road system. “It is very important that we keep our dedicated road fund intact in order to maintain our road system at a time when road money is declining,” Norris added. “This is now catching up with us as our communities are growing and we don’t have the road money to keep up with transportation demands.” “Tennessee must compete in a very competitive economic climate,” Black added. “We need the infrastructure to bring new and better paying jobs to our communities. Erosion of our road money is a big problem in this effort.” Legislation makes step towards divesting Tennessee’s pension fund from any investment tied to state-sponsored terrorism The Senate Finance Committee has voted to begin the process for divesting Tennessee’s pension fund from having any holding with companies that have substantial operations in nations determined by the U.S. State Department to be state-sponsors of terrorism. The bill, SB 3277, requires the state’s Treasurer to compile a list of the investments with ties to terrorist countries. Sponsors say it is a step towards implementing a policy to instruct the executive director to divest of those holdings. Growing concern over genocide in Sudan and countries that sponsor terrorism has prompted state legislatures across the nation to consider actions to limit or eliminate state investments in firms doing business with such countries. Twenty-four states have already adopted policies of divestment from Sudan. Tennessee has a $32 billion pension fund which serves state employees, public school teachers, and many local government employees. “This bill will give us a good start to begin this process of divesting from any countries that sponsor terrorism,” said Senator Randy McNally (R-Oak Ridge), who is sponsoring the bill. “The federal government is also taking action on this matter. I am pleased that this bill has advanced to the full Senate and believe that this will help us progress towards complete divestiture of any questionable funds that have links to state-sponsored terrorism in the near future.” “Divestiture empowers Tennessee to join the War on Terror as we stand up and say not with our money,” said Senator Tim Burchett, who is also sponsoring the measure. “We should not tie our retirement fund to those nations who are committing genocide.” Education Committee approves several important bills before closing for 2008 legislative session The Senate Education Committee has completed their business for the 2008 legislative session, but not before passing several important measures. One such bill, sponsored by Senator Steve Southerland (R-Morristown) would enact the “Virtual Schools Act” to provide educational resources and opportunities to students by way of the Internet in a “virtual” classroom setting. Tennessee is one of the last two Southeastern states to enact a virtual schools program. Southerland said the legislation will help local schools tap into funds available through grants and donations to provide start-up money for a virtual education program. Under the bill, SB 2008, the State Board of Education would be responsible for developing policies and guidelines for the operation of virtual education programs. Local education agencies would be authorized to use BEP funds for implementation of a program in their schools. The proposal contains a reporting provision so that the governor and lawmakers can review progress made in the operation of the program. “Virtual schools have many advantages and have the potential to affect a large number of students in a positive way,” said Senator Southerland. “It permits students in small, rural, or low-wealth school districts to take specialized courses that would ordinarily not be available to them. It meets the needs of those in special circumstances, like those in hospitals or recovering at home, dropouts who would like to get back in, expelled students, or single parents, to name a few. It makes sense in our technological age to reach out to these students through this program. I am pleased this bill is advancing.” Another key bill, SB 2799, approved by committee members would prohibit local governments from using state Basic Education Program (BEP) funds to reduce local taxes or local operating funds that would otherwise go to the education. The accountability bill, sponsored by Education Chairman Jamie Woodson (R-Knoxville), makes sure that BEP reform money provided by the General Assembly last year to enhance education spending will add to local efforts to provide quality schools. The creation of a program to help troubled students, age 14 and older, have access to valuable work experience and career exploration programs passed through the Education Committee this week. The bill permits minors under a juvenile court’s jurisdiction to be eligible for enrollment in a charter school and to participate in such a program at the court’s direction. The bill, sponsored by Chairman Woodson would allow for a “last chance” program for juveniles who have been in trouble with law, but who might be helped to find a new direction through innovative technological education. Finally, the committee passed a proposal, SB 4104, that allows the State Board of Education to develop a curriculum for an academic and nonsectarian study of the Bible. Language was added to the bill to make sure that schools that already have a Bible curriculum can continue their current program. Another amendment on the bill allows school systems to adopt another system’s program, as long as it has been approved by the Board of Education. Issues in Brief Use of restraints – The full Senate has given final approval to a bill, SB 2609, that comes from the Joint Committee on Children and Youth addressing restraints of Special Education students. The bill makes it clear that if restraints are used, they are done so in a consistent manner and in very limited situations to calm the student or to lead them to safety. The measure, sponsored by Senator Diane Black (R-Gallatin), calls for local Special Education Associations to develop and provide training for the proper use of the restraints. Drunk Driver Registry – Members of the Finance Committee approved a bill, SB 3439, to create a registry of persons who have two or more DUI convictions with the Tennessee Bureau of Investigation, similar to that of the Sex Offender Registry. The bill is sponsored by Sen. Tim Burchett (R-Knoxville). The offender would be placed on the Registry if their license has been revoked or suspended due to a drunk driving offense. Their name would be removed if their license is reinstated, within 45 days. Burchett said the Registry would serve as a strong deterrent to driving under the influence and would make drunk drivers think about the consequences of their actions. In 2006, there were 1,287 fatalities on Tennessee roads with 509 due to alcohol-related crashes. Technological sunshine -- A bill, sponsored by Senator Randy McNally (R-Oak Ridge), that proposes to harness technology for the purpose of opening the government process has passed the full Senate. The “technological sunshine bill” would set up a pilot program in Knox County authorizing websites where government officials can instant message one another. These “conversations” would be available for the public and the media’s viewing. This bill, SB 3086, is designed to make it easier for officials to conduct business, while balancing the public’s right to know. Open Government / Open Records -- In other open government action, the Senate Finance committee voted to approve major legislation opening records in Tennessee. The bill, SB 3280, creates the office of ombudsperson to deal with open records issues for local government; requires open records requests to be available within four days or a denial must be sent with explanation; clarifies that violations may be considered in circuit or chancery court; and mandates certain boards and utilities to develop training programs on open meeting laws. The bill is sponsored by Senator Randy McNally (R-Oak Ridge). Handguns – The full Senate has approved a bill that changes present law by making it a Class E felony for a person who has been convicted of any felony to possess a handgun. The bill, SB 2866 , broadens the Class E felony offense of unlawful possession of a handgun to include a person with any prior felony conviction. The bill is sponsored by Senator Tim Burchett (R-Knoxville). Notary public – The State Senate gave approval to 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). The bill now goes to the governor for his signature. SB 2964 Consumers – The Senate has passed legislation to amend the Tennessee Consumer Protection Act to protect citizens from businesses who might misrepresent the geographic location of a business. The bill, SB 3418 , applies to businesses who misrepresent their location in the local telephone directory or on the Internet. It is sponsored by Senator Jack Johnson (R-Franklin). Sex offenders – The full Senate has 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, SB 2593, 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). Sanctuary Cities -- The Senate State and Local Government Committee has approved legislation, sponsored by Senator Jack Johnson (R-Franklin), to cut off economic and community grant money to any Tennessee city that might declare itself a "sanctuary city" for illegal aliens. A sanctuary city is a term given to a city in the United States that follows certain practices that protect illegal aliens. Thirty-eight cities in the U.S. have been recognized as sanctuary cities. However, many sources have identified over 200 city or county governments nationwide as having practiced such policies. Johnson said the bill is a preemptive strike to guard against adoption of any policy by cities in the state to provide a sanctuary for illegal aliens in Tennessee. The bill is SB 2951. County fire marshals – The Senate has approved legislation that allows counties to have a county fire marshal. The proposal, SB 3885, requires that any county fire marshal must have at least five years experience as a firefighter, be certified by the state fire marshal as a fire safety or building inspector, and serve at the pleasure of the county mayor. The bill is sponsored by Senator Bill Ketron (R-Murfreesboro). DUI fines -- Legislation that would increase DUI fines by $250 has been approved by the Senate Finance Committee this week. Part of the money would be kept in the local communities where the crime occurred for housing offenders, while the other half would be used for alcohol or drug addiction treatment. Senator Raymond Finney (R-Maryville) 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. * * * * * |
