week in review - april 14 through april 17, 2008...

Committee sessions mark closing session activities: 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 senior citizenss 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 Commerce, Labor and Agriculture Committee; Environment, Conservation and Tourism Committee; General Welfare, Health and Human Services Committee; and State and Local Government Committee concluded or came within one meeting of concluding their business this week for the 2008 legislative session. The Senate Transportation Committee completed its legislative calendar for the year last week, leaving only the Finance, Ways and Means Committee, Education Committee, Judiciary Committee, and the Government Operations Committee still 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 (Friday, April 25): Tennessee's spring sales tax holiday is set to begin at 12:01 a.m. on Friday, April 25 and will end at 11:59 p.m. on Sunday, April 27. During this three-day weekend, consumers may purchase selected clothing, school supplies and computers without paying Tennessee's state and local sales tax on the items. The tax break applies to clothing priced at 100-dollars or less per item and computers priced 1,500-dollars or less. This holiday also includes purchases of qualified items sold by 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. Details about the state's special Sales Tax Holiday are available at the state's dedicated Web site, www.tntaxholiday.com.

Elderly and disabled 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 the governor, 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. 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:

Creates consumer-directed care options, including the ability to hire non-traditional family members, friends and neighbors, with accountability for taxpayer funds;

Broadens residential care choices in the community beyond nursing facilities, with new options such as companion care, family care homes and improved access to assisted care living facilities;

Streamlines the eligibility process for faster service delivery and the enrollment process for new providers;

Maintains a single point of entry for people who are not on TennCare today and need access to long-term care services through Medicaid or other available programs;

Use existing Medicaid funds to serve more people in cost-effective home and community settings;

Designates one entity to coordinate all of the care a TennCare member needs, including medical, behavioral and long-term care;

Implements active transition and diversion programs for people who can be safely and effectively cared for at home or in another community setting outside the nursing home; and

Installs an electronic visit verification system to monitor home care quality.

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.

DUI bills: The Senate Judiciary Committee has approved legislation that would add vehicular homicide as a result of the driver's intoxication and aggravated vehicular homicide to offenses requiring mandatory sentencing. The bill, SB2869, requires convicted offenders to serve 100 percent of the sentence imposed by the court, less sentence credits earned, which assures that at least 85 percent of offenders will stay incarcerated for most of the sentence. The bill was sponsored 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 for intoxication. The man, who was charged with vehicular and aggravated vehicular homicide, had four previous DUI convictions dating back to 1989. In other DUI action in the Judiciary Committee, members voted to increase DUI fines by $250. Half of this amount 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 programs. The bill, SB0085, is expected to provide 1.5-million dollars to the state and 1.5-million dollars to local governments. Finally, the Senate Judiciary Committee passed legislation, SB3042, to ban open containers of alcohol in vehicles. The bill would allow Tennessee to have control over 12-million dollars in federal highway funds due to the state not being in compliance with federal safety laws.

Protection of law enforcement officers: Two bills stiffening penalties for crimes against law enforcement officers were approved this week in the Senate Judiciary Committee. One bill 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.

Armed robbery: The Senate Judiciary Committee 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, SB3909, is modeled after a Florida law passed in 1999 that significantly reduced armed robberies after implementation.

Notary public: The Senate Judiciary Committee approved legislation this week, SB2964, to require any person who is a notary public to be a U.S. citizen or legal permanent resident.

Lethal injection ruling: The U.S. Supreme court has cleared the way for states to carry out their death penalty statues with a ruling this week 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.

Handgun permits: Legislation, SB2270, that would send 15 dollars of the handgun permit fee to county sheriffs, who must do a background check on applicants, passed the Senate Finance, Ways and Means 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 dollars have gone into a reserve account due to excess charges of the 115-dollar initial handgun permit fee.

Election Commission ethics: The Senate State and Local Government Committee has approved a bill, SB0551, 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.

Sex offenders: The Senate Judiciary Committee voted to approve legislation, SB3894, 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.

Environmental clean-up: Legislation, SB4119, as amended, to clean up the Nolichucky River advanced this week in the Senate Environment, Conservation and Tourism Committee. The bill will help the state receive grants and assistance to clean up more than 100,000 tires in a portion of the river.

Asthma Registry: Information on asthma would be accumulated in order to develop a comprehensive state plan to combat the condition under legislation SB3145, 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.

Property tax relief: Legislation, SB2541, that increases from 20,000 to 24,000 dollars the maximum allowable income for determining eligibility to participate in the state's tax relief program for homeowners who are totally or permanently disabled is now on its way to the governor after passage in the House of Representatives.