Senate Committees work to close the
business of the 2010 legislative session

It was a busy week on Capitol Hill as two more Senate committees, the Judiciary and the General Welfare, Health and Human Services Committees, concluded their business for the 2010 legislative session. The Senate Finance, Ways and Means Committee is one of the few committees still open as the General Assembly draws nearer to adjournment, with the state budget being the primary focus during the remainder of this legislative session.

Judiciary Committee approves bill to put the
worst child rapists in prison for life

Before concluding its business, the Senate Judiciary Committee passed a number of bills dealing with the courts and crime. Among anti-crime bills approved was a measure, Senate Bill 3318, calling for lifetime imprisonment of those convicted of aggravated rape of a child when the victim is 10 years of age or less.

Under current law, the charge of aggravated rape of a child applies when the victim is three years of age or less. That crime is punishable by 40 to 60 years imprisonment. Rape of a child between the ages of three and ten is currently punishable by 25 years imprisonment. This legislation applies aggravated rape to cases when victims are ten years of age or less, and requires imprisonment for life.

According to the Department of Correction, there has been an average of 61 convictions for rape of a child in each of the past 10 years. They estimate eight percent of the victims were between the ages of three and ten.

Judiciary Committee approves bill to add most serious
juvenile sex offenders found likely to reoffend
to the state’s Sex Offender Registry

Tennessee would add juveniles convicted of the most serious sex offenses to the state’s Sex Offender Registry under legislation approved by the Senate Judiciary Committee this week. Proponents of the legislation claim that Tennessee is required to have juvenile offenders on the state’s sex crime registries under the federal Adam Walsh Act to continue receiving Byrnes grants for law enforcement. The state is in compliance with the vast majority of the Adam Walsh law.

The bill applies to the most violent juvenile offenders between 14 and 18 years of age who have been convicted of rape, rape of a child, aggravated rape of a child, or aggravated sexual battery. The bill would apply if there is more than a four-year age difference between the offender and the victim in the case of the rape of a child under age 13. The juvenile would only be added to the Registry if they are assessed under the court’s authority, with the results showing the offender is at a high risk of reoffending or upon second conviction.

The bill allows for a process where juveniles names can be removed if they are in compliance with requirements.

Finance Committee approves legislation
to reimpose state’s "crack tax"

In Finance Committee action this week, members voted to reimpose a state law taxing the sale of illegal drugs that the state Supreme Court declared unconstitutional last year in a case involving Steven Waters. The legislation, commonly known as the "crack tax," targets the sale of illegal drugs. Used by law enforcement for several years, the tax has raised several million dollars for Tennessee.

Last year, the Tennessee Supreme Court in a split 3-2 decision sided with drug dealers to overturn the state’s crack tax. This legislation fixes any perceived ambiguities under the statute regarding the constitutional authority to tax those peddling illegal substances. It takes the suggested findings from the Water’s decision to make sure it is clearly defined that the tax applies to items being held for sale by drug dealers.

The purpose of the legislation is to reinstate the unauthorized substance tax and satisfy the issues identified in the court’s ruling. Sponsors say the tax is a means to offset the cost they impose on the criminal justice system.

Bill to charge those who harm or kill a fetus with felony offense,
regardless of viability passes Senate Judiciary Committee

In other action, the Senate Judiciary Committee approved a bill to make it a separate felony offense to harm or kill a fetus during an assault against the mother regardless of its viability.

Under present law, offenders charged with a homicide against a pregnant woman, can only be charged with the death of the fetus if it is considered "viable" at the time of the assault. This legislation, Senate Bill 3699, specifies that when a defendant commits a homicide or assault against a pregnant woman, the woman’s fetus is also considered a victim of the offense, regardless of its gestational age or viability.

 

Bill aims to curb the use of dogs as weapons

The full Senate approved legislation this week to prohibit those convicted of a violent felony, a felony drug offense, or an animal cruelty offense from owning or being in control of a vicious or potentially vicious dog for ten years after completion of their sentence or parole supervision. The proposal, Senate Bill 555, also requires that any dog in their possession be spayed or neutered to reduce the use of the animal as a violent weapon.

The bill is one of several measures proposed to attack gang and drug violence and is supported by the Chiefs of Police Association and the Sheriffs Association. Expert testimony confirmed that a majority of criminals involved with drugs and meth labs use vicious dogs to protect them from law enforcement. About 80 percent of the dogs used by criminals are males that have not been neutered to make them more aggressive. The dogs often roam freely, posing a particular danger to children and the elderly.

Additionally, the bill would provide for microchipping of a dog owned by a felon affected by this legislation. This would counter a felon from contending that the dog was a stray or belonged to someone else, should that dog be used for illicit or unlawful activities.

Legislation protects citizens’ constitutional rights in foreign judgments

Legislation passed by the Senate Judiciary Committee this week would address how Tennessee courts should be required to deal with foreign judgments, or the application of foreign laws, if and when they violates a citizen’s protections under the state and federal Constitutions. Senate Bill 3740 calls on Tennessee courts to consider that the primary factor in decisions regarding whether to enforce decisions from foreign countries should be the protection of constitutional liberties and the responsibilities provided to individuals under the U.S. and Tennessee Constitutions.

The fundamental principles of comity (or legal reciprocity), choice of law and venue, which Tennessee courts use in determining when to acknowledge foreign law, have many factors. The legislature has already spoken regarding many of these legal issues in several arenas and wide-ranging areas.

There is a split of authority as to what state courts can do with foreign judgments. This bill attempts to protect against unknowing or unintentional waivers of constitutional rights in cases of foreign judgments and safeguards the due process provided to our citizens under the State and U.S. Constitutions.

The legislation is not intended to wipe the slate clean with respect to other considerations that the courts may use in determining whether to grant comity, choice of law or choice of venue issues by carving out laws already passed regarding those matters and leaving for future action. In addition, legislation passed this year, including the Interstate Family Support Act and Uniform Unsworn Declarations Act, speak to enforcement requirements of child support and how documents are validated. The bill asserts constitutional protections as the primary factor in those decisions.

Legislation helps avoid devastating cuts to hospitals

The full Senate has voted to approve a plan to help hospitals avoid almost $659 million in cuts proposed in Governor Phil Bredesen’s 2010-2011 budget. Hospitals have asked the General Assembly to assess a coverage assessment on them in order to raise $230 million. Money raised would be used to draw down $430 million in federal funds available through a temporary Medicaid match program.

Language in the legislation, Senate Bill 3528, also ensures that any assessment would not be passed along to patients. The assessment would be based on 3.5 percent of a hospital’s net patient revenue according to its 2008 Medicare cost report. Governmental hospitals, critical access hospitals, freestanding rehabilitation hospitals, long term acute care hospitals and pediatric research hospitals are not included in the assessment, as well as state mental health institutes.

Twenty-six other states have a similar assessment plan to provide funding for their Medicaid programs and twelve additional states are currently considering such a plan.

State Senate votes to approve handgun carry permit law to allow legal permit holders
to carry into establishments that serve alcohol/
Bill would penalize permit holders who drink alcohol while carrying gun

Legislation was approved this week by a vote of 23 to 9 to address any vagueness in the state’s new handgun carry law and to allow law-abiding citizens to carry their firearm in establishments that serve alcohol. The bill clarifies language in the law passed last year, particularly as it applies to the posting of notices, and adds penalties for those who consume alcohol while carrying their gun in violation of the statute.

The bill addresses a Davidson County Chancery Court decision to strike down the law due to ambiguity. The legislation, as passed, allows law-abiding handgun permit holders to "carry" into establishments serving alcohol as long as the owners of the premises have not posted notification that they are banned.

The bill makes clear what signs qualify as a legal posting so there is no vagueness or ambiguity. The notification must be of appropriate dimensions. The wording must contain key components spelled out in the proposed law, or owners could post notification by using the international gun symbol drawing with a mark through it, or both. The bill prescribes a Class A misdemeanor offense for those convicted of drinking alcohol in violation of the gun carry permit law. In addition, those convicted of intoxication would be subject to losing their gun carry permit for three years.

Legislators approve two separate bills regarding traffic tickets

Lawmakers considered a number of bills this week concerning rules of the roads, including two bills regarding traffic tickets. One bill would prohibit ticket quotas in Tennessee, while the other would create a new offense for those driving 25 mph or more above the posted speed limit.

The bill banning ticket quotas, Senate Bill 2703, would prohibit law enforcement officers from being punished or rewarded due to the number of traffic citations issued or collected upon.

The bill prohibits state agencies and local governments in Tennessee from establishing or maintaining, formally or informally, a plan to evaluate, promote, compensate or discipline a law enforcement officer based solely on the issuance of a predetermined or specified number of traffic citations. It further prohibits them from requiring or suggesting to a law enforcement officer that he or she is required or expected to issue a predetermined or specified number of traffic citations within a specified period.

In separate action, the Senate Transportation voted to create an offense for those driving 25 mph or more above the posted speed limit, but who are not otherwise charged with reckless driving. In 2008, the latest full year for which numbers are available, 1,043 people died in traffic accidents in Tennessee.

The Court of Appeals has ruled that excessive speed alone cannot be used to charge someone with reckless driving. Therefore, no distinction is made for those driving at super speeds unless the officer observes another driving infraction. This legislation, Senate Bill 2523, would provide stiffer penalties of not less than $200 or more than $500 for drivers convicted under the proposal.

 

Bills In Brief…

Unemployment rate — Tennessee’s seasonally adjusted unemployment rate for March 2010 was 10.6 percent, down from the February rate of 10.7 percent. The United States unemployment rate for the month of March was 9.7 percent.

Tennessee’s bond rating upgraded — Moody’s Investors Services have raised Tennessee’s rating from Aa1 to Aaa, the highest rating available according to State Comptroller Justin Wilson. The higher bond rating could mean lower interest rates on borrowing. The action comes after a similar upward adjustment by Fitch Ratings from AA+ to AAA.  Both agencies have been recalibrating state and municipal debt ratings across the nation to bring them in line with ratings in other sectors, with many other states receiving similar upgrades. Tennessee continues to be among states with the lowest amount of debt in the nation. 

English in the workplace — State Senators voted 28 to 2 to approve legislation clarifying that Tennessee employers have a right to institute an English-in-the-workplace policy.  The measure clarifies that employers can require that English be spoken on the job as long as it is posted and deemed a necessity for safety on the job. The bill, Senate Bill 2753, now goes to the governor for his signature.

Advocating for small business — State Senators have voted to create a small business advocate within the Office of the Comptroller of the Treasury, utilizing existing personnel. The measure calls for the advocate to mediate and assist with resolution of issues concerning small business owners and state departments and agencies. The bill, Senate Bill 3484, also requires the small business advocate to prepare an annual report on their office’s activities, findings and recommendations to the governor, members of the General Assembly and the heads of the affected departments and agencies to make sure officials are notified about any problems or concerns.

Drivers License / English — The Senate Finance Committee has given approval to legislation to require that Tennessee drivers’ license exams are given in English. The measure seeks to make sure that immigrants know how to read the road signs and can drive safely in Tennessee. The bill, Senate Bill 63, does not apply to persons whose presence in the United States has been authorized by Homeland Security for work in companies located in Tennessee through the efforts of Tennessee’s Department of Economic and Community Development in order to accommodate those nationalities with manufacturing facilities in the state.

State ranked 13th best for business — Tennessee is ranked as the 13th best state for business according to the Small Business and Entrepreneurship Council (SBEC). One of the factors attributed to the high ranking is the lack of a state income tax.

This entry was posted on Thursday, April 29th, 2010 at 5:04 pm and is filed under Capitol Updates.
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