Legislature Adjourns 2010 Legislative Session

The 106^th General Assembly adjourned to become a part of Tennessee history in the early morning hours of June 10. Although the state’s budget and education reforms adopted during the Special Session highlighted this year’s action, the 2010 legislative session will also be remembered for passage of several other important measures. These include money-saving legislation overhauling the way the state contracts for goods and services, a new law to curb drunk driving by increasing the use of interlock devices, job creation initiatives, the enhanced hospital assessment, and several measures aimed to counter violent crime and child sex offenders.

The budget was the overriding issue during the regular 2010 session. The budget approved by the legislature decreases spending, does not raise taxes and focuses on maintaining essential services.

The General Assembly gave approval to measures aimed at cracking down on sex offenders and implementing the next phase of the "crooks with guns" legislation to attack violent crime. In addition, the General Assembly passed legislation addressing the concerns of small businesses regarding a new workers’ compensation law. The new law is an effort to find common ground to address gaps in coverage for workers in the various construction fields without harming small business owners by providing a mechanism for exemption.

The 2010 legislative year was highlighted by the passage of the education reforms in January. The first week of the two-week session on education focused on improving K-12 education and putting Tennessee in position to be a leader in the Race to the Top competition, which helped the state win approximately $500 million in federal funds. The second week saw the legislature turn its attention to the goal of how to get more Tennesseans to pursue a post-secondary education that fits their academic and workplace needs. It also included a focus on measures to help ensure that students are successful in completing their college degrees or post-secondary academic programs.

General Assembly approves legislation
regarding prisoners in the U.S. illegally

In the last week of action on Capitol Hill, the Senate and House approved a conference committee report and sent to the governor legislation calling for Tennessee jails to send information to the federal Immigration and Customs Enforcement office (ICE) regarding prisoners who do not have documentation that they are in the U.S. legally. The legislation, Senate Bill 1141, requires the jail keeper to fax, email or send a copy of the booking information. The legislation attempts to assure that ICE and Homeland Security are informed regarding anyone who has been booked into Tennessee jails and is in the U.S. illegally.

Lawmakers worked out differences in the bill in a conference committee during the last two days of the session. The legislation calls for statewide standards to be developed by the POST (Police Officers Standard Training) Commission). This provision helps to ensure that Tennessee will not be open to lawsuits that have been problematic in other localities with similar laws. The bill does not apply to any county or municipality that enters into a memorandum of understanding with the United States Department of Homeland Security or ICE concerning enforcement of federal immigration laws, which has more stringent standards.

Two bills to protect children advance in final legislative hours

Two bills designed to protect children from sex offenders were approved in the final hours of the 2010 legislative session, including one measure to set up a Tennessee Second Look Commission to review cases and procedures related to child sexual abuse. The Commission would review cases from the initial report of alleged abuse through to a finding or criminal conviction of abuse. The bill is an important first step in understanding how the system fails endangered kids.

The Commission will review cases and procedures related to severe child sexual abuse to determine if they were handled in a manner that provides adequate protection to the children. Only two percent of the 750,000 pedophiles identified by computer in the United States have been investigated according to expert testimony provided to the legislature last year. The Commission would be administratively attached to the Tennessee Commission on Children and Youth. The legislation, Senate Bill 2701, now goes to the governor and would be effective upon his signature.

The second bill approved by the full legislature before adjournment prohibits any sexual or violent sexual offender who is required to be on the Sexual Offender Registry from establishing a primary or secondary residence with two or more other such offenders. Similarly, no person, corporation or other entity may knowingly permit more than three such sexual or violent sexual offenders to establish a residence in any house, apartment or other residence. The legislation, Senate Bill 3290, comes after a residence of multiple child sex offenders was established in Nashville. Parents of children in the neighborhood expressed great concern that such a residence could be located in a family-oriented community.

Senate approves Health Freedom Act for second time

The Tennessee Senate approved legislation this week that sponsors say will protect the freedom of Tennessee patients to make their own health care choices, regardless of federal action taken in Washington. The action marked the second time the Senate overwhelmingly approved the measure. The Tennessee Health Freedom Act, Senate Bill 3498, was originally approved in the State Senate on February 18 by a vote of 26 to 1. That bill was killed in a House Subcommittee last week.

The content of that legislation, however, was attached as an amendment to another bill that was advancing through the House of Representatives. That legislation, Senate Bill 2560, was approved by both the House and Senate on the last legislative day in different forms. A conference committee made up of House and Senate members was appointed to work out the differences in the bill and come up with a solution acceptable to both chambers.

The conference committee’s report did not seek to nullify federal law, as it would have still allowed individuals the option to participate in a federal program. However, it acknowledged the right of Tennesseans to refuse to participate in a government-run health insurance program. It also called on the state’s Attorney General to take action in the defense or prosecution of rights protected under the legislation. The conference committee’s report, however, failed by six votes in the House of Representatives along party lines.

In Brief…

Advocating for small business — State lawmakers approved and sent to the governor legislation this week to create a small business advocate within the Office of the Comptroller of the Treasury. The measure, Senate Bill 3484, calls for the advocate to mediate and assist with resolution of issues concerning small business owners and state departments and agencies. The bill also requires the small business advocate to prepare an annual report on their office’s activities, findings and recommendations for transmission 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.

Domestic Violence / Counseling — Legislation that would allow the court to order domestic abuse perpetrators to attend counseling programs was passed by the General Assembly this week. The legislation prescribes counseling programs judges can order, if they choose, including intervention programs that are certified by the Domestic Violence State Coordinating Council. The bill increases the maximum penalty for those convicted of the crime from $200 to $225, with the proceeds going to grants for domestic violence shelter programs. The measure, Senate Bill 2709, if signed by the governor will take effect on July 1, 2010.

Elections / Felons pay court costs — State lawmakers gave final approval to legislation requiring convicted felons to pay all court costs imposed before being eligible to have their voting rights restored. Currently, a person convicted of a felony must be pardoned, discharged from custody or supervision, and have paid all restitution to the victim of the offense to have his or her rights of suffrage restored. This legislation, Senate Bill 440, would add the payment of court costs as well.

Students in extracurricular activities / random drug tests — Legislation authorizing local schools to adopt a policy to use random drug testing on a student participating in voluntary extracurricular activities was approved. Parents or guardians of the students must be notified about the random drug tests and must give written consent before the student can participate. The results of the test shall remain confidential in the student’s records. If the child tests positive for illegal drugs, the school system may not suspend or expel the child. It, rather, requires the school provide information on inpatient, outpatient and community-based drug and alcohol programs to the child and his or her parents if the test is positive. The legislation, Senate Bill 2621, is designed to get these students the help they need to address drug use before it is too late.