Legislative
report for LWV TN
May
23, 2008
Action Priorities
SB 3280 McNally/HB 3637 McDaniel
Open Meetings - Makes various changes to the Open Meetings Law and to the Open Records Law; creates office of ombudsperson. Omits the weakening provisions in SB 3275, and adds five other exemptions including allowing private meetings when school boards are conducting the school director’s performance and when city councils or county commissions are discussing the purchase or sale of property.
Senate Status: Senate 05/20/2008
concurred in House amendments 3 and 4.
House Status: House 05/20/2008
passed with amendments 3 and 4.
Other Status: Sent to the speakers
for signatures 05/20/2008.
Position: Top Priority.
Support the Senate-passed version of this bill.
SB 1363 Haynes
HB 1256
Senate Status: Senate 05/15/2008 passed with amendment 3.
House Status: House 05/20/2008 concurred in Senate amendment 3.
Other Status: Sent to the speakers for signatures 05/20/2008.
Position: Support
SB 2811
HB 3049 Mumpower
Photo identification
required for voting. Requires a voter to present qualified photographic
identification before voting. Specifies that such identification includes a
Senate Status: Referred to
House Status: Referred to House Elections Subcommittee.
Position: Oppose
SB 1408
HB 1829 Turner M.
TN Deposit Beverage Container Act of 2007. Requires deposit beverage distributors to pay a fee to the department a fee of one-half of one cent (increasing to three cents by July 2008) per deposit container and a separate deposit of 5 cents on each beverage in a deposit container manufactured in or imported to the state. Creates a Deposit Beverage Container Fund into which such fees are deposited to reimburse refund values, pay handling fees to redemption centers, and fund the deposit beverage container fee and deposit program. Beginning April 1, 2008, establishes a refund value of five cents on each deposit beverage container sold in Tennessee; establishes redemption centers at which consumers may return deposit containers for a refund. Establishes a civil penalty for individual who attempts to redeem more than 24 empty beverages containers not originally sold in the state of $100 per container or $25,000 for each tender of containers. Allocates remaining monies at the end of a fiscal year to the County Litter Grants program, the property tax reimbursement fund, the deposit beverage distributors, and to other programs and purposes authorized by this act.
Senate Status: Taken off notice in S. Environment Committee 05/06/2008.
House Status: House Govt. Ops. 4.30.08 recommended. Sent to H. State & Local Govt.
Position: Support
SB 4119 Southerland
HB 4185 McCord
Defines limited resource waters. Defines "limited resource waters" as ephemeral
bodies of water that flow primarily in response to rainfall, for which
groundwater is not a significant source, and that do not support a significant
indigenous population of native fish or aquatic life under the Water
Quality Control Act. Yet another bill to prohibit
important state regulation of our waters.
Amendment deletes the original
language completely and requires the removal of tires and associated debris
from the
Senate Status: Senate 05/15/2008
passed with amendment 3.
House Status: Taken off notice in
House Finance Budget Subcommittee 05/14/2008.
Position: Oppose original bill.
TAXES
SB 3158 Burchett
HB 3182 Fitzhugh
Food and Business Tax Fairness Act. With the
addition of amendment 1, the act will (1) reduce the food tax from 5 ½ to 4 ½ %
and (2) close a series of corporate tax loopholes that give large, multi-state
corporations an unfair advantage over locally-owned businesses.
Currently, loopholes allow multi-state corporations to avoid reporting their
income in
Senate Status: Taken off notice in Senate Finance Tax Subcommittee 05/12/2008.
House Status: Taken off notice in House Government Operations Committee 05/07/2008.
Position: Support
RIGHT OF PRIVACY
SJR 0127 Black
Constitutional amendment - abortions. Adds new provision to Article I to provide that nothing in Constitution of Tennessee secures or protects right to abortion or requires the funding of an abortion.
Amendments: Senate amendment 3, as amended, adds language to clarify that the people retain the right through their state representatives and state senators to enact, amend, or repeal statutes regarding abortion, including in the cases of pregnancy resulting from rape or incest or when necessary to save the life of the mother.
Note: the LWV-US supports a woman’s right to privacy. The proposed constitutional amendment, as amended by the Senate, does not guarantee an exception for cases of pregnancy resulting from rape or incest or when necessary to save the life of the mother.
Senate Status: S. 01/30/2008 adopted, as amended by previously adopted amendment.
House Status: Failed in H. Public Health and Family Assistance Subcommittee 02/27/2008.
Position: Oppose
LONG-TERM CARE
SB 4181 Kyle
HB 4144 Odom
Creates the Long Term Care Community Choices Act of 2008 which revises the current long-term care system by creating a single point of entry, establishing a budget allowance for home- and community-based services (HCBS), establishing a one-time $2,000 transition cost allowance, developing a level of care criteria for nursing facility admissions, establishing an acuity-based reimbursement methodology for nursing facility services, developing consumer-directed options for persons receiving HCBS. Requires the Commissioner of Finance and Administration to designate in each year's appropriations bill an amount of money to be used to increase access to HCBS in the Options program. Redefines "assisted-care living facility" and "assisted-care living facility resident." Removes oversight of TennCare long term care from the Select Committee on TennCare and grants the eight member committee created to study the development and implementation of a long-term services plan without oversight authority. House Health & Human Resources amendment 2 creates the Long Term Care Community Choices Act of 2008 which revises the current long-term care system by creating a single point of entry, establishing a budget allowance for home- and community-based services (HCBS), establishing a one-time $2,000 transition cost allowance, developing a level of care criteria for nursing facility admissions, establishing an acuity-based reimbursement methodology for nursing facility services, and developing consumer-directed options for persons receiving HCBS. Requires the Commissioner of Finance and Administration to designate in each year's appropriations bill an amount of money to be used to increase access to HCBS in the Options program. Redefines "assisted-care living facility" and "assisted-care living facility resident." Removes oversight of TennCare long term care from the Select Committee on TennCare and creates the Select Oversight Committee on Long Term Care. Senate amendment 2, as amended, creates the Long Term Care Community Choices Act of 2008 which revises the current long-term care system by creating a single point of entry, establishing a budget allowance for home- and community-based services (HCBS), establishing a one-time $2,000 transition cost allowance, developing a level of care criteria for nursing facility admissions, establishing an acuity-based reimbursement methodology for nursing facility services, developing consumer-directed options for persons receiving HCBS. Requires the Commissioner of Finance and Administration to designate in each year's appropriations bill an amount of money to be used to increase access to HCBS in the Options program. Redefines "assisted-care living facility" and "assisted-care living facility resident." Removes oversight of TennCare long term care from the Select Committee on TennCare and creates the Select Oversight Committee on Long Term Care. The act is effective through June 30, 2012. On July 1, 2012, the affected statutes in effect on May 1, 2008 will be revived and reinstated. Sets up the oversight committee for long-term care as separate from TennCare. Senate amendment 3, House Budget Subcommittee amendment 1 creates the Long Term Care Community Choices Act of 2008 which revises the current long-term care system by creating a single point of entry, establishing a budget allowance for home- and community-based services (HCBS), establishing a one-time $2,000 transition cost allowance, developing a level of care criteria for nursing facility admissions, establishing an acuity-based reimbursement methodology for nursing facility services, developing consumer-directed options for persons receiving HCBS. Requires the Commissioner of Finance and Administration to designate in each year's appropriations bill an amount of money to be used to increase access to HCBS in the Options program. Redefines "assisted-care living facility" and "assisted-care living facility resident." Removes oversight of TennCare long term care from the Select Committee on TennCare and creates the Select Oversight Committee on Long Term Care. The act is effective through June 30, 2012. On July 1, 2012, the affected statutes in effect on May 1, 2008 will be revived and reinstated. Senate amendment 3 makes technical corrections. Senate amendment 4 makes the staff of TennCare Oversight the same staff as that of the Select Oversight Committee on Long Term Care and sunsets the committee at the same time as TennCare Oversight. Senate amendment 5 makes the review period the same as that of TennCare Oversight.
Senate Status: Senate 05/21/2008 concurred in House amendments 1, 2 & 3.
House Status: House 05/20/2008 passed with amendments 1, 2 & 3.
Other Status: Sent to the speakers for signatures
05/21/2008.
Position: Support
Budget Priorities
PRE-KINDERGARTEN
Expansion of
Pre-Kindergarten Programs. The
governor has proposed the expansion of state-funded pre-kindergarten programs
by $25 million from general revenue to provide 250 additional classrooms across
the state. Programs are high quality and
are implemented in collaboration with schools, Head Start, and private
organizations which meet research based high standards. LWVTN and some local leagues are
organizational members of Tennessee Alliance for Early Education. To become an individual or organizational
member of TAEE see www.prekfortn.com.
Unfortunately, Governor Bredesen has been forced by the negative budget
situation to decide not to push for an increase this year, other than
inflation.
Position: Support
CHILDCARE
Increased Childcare Reimbursement Rates for Low Income Families. Governor Bredesen has apparently provided in his (original) 2008 budget for a modest increase in rates for licensed child care providers to bring those rates for subsidized low income child care more in line with market charges. More details will follow if any controversy becomes evident.
Position: Support