Legislature wraps up session by approving $26 billion budget
The budget was approved two days after four state senators were arrested in a far-reaching corruption scandal, casting a shadow over the budget negotiations, which lawmakers had hoped to finish before the Memorial Day weekend.
A Republican-led effort to reduce the number of people cut from TennCare fizzled amid pressure from the governor and from House Democratic leaders.
Republican critics had argued that $100 million should be added to TennCare to spare 67,000 people from enrollment cuts to the health care program for the poor, disabled and uninsured. Democrats said the Republican plan was financially unsound.
The TennCare amendment failed on a vote of 23-66. The House then passed the budget 76-14, with a combination of Democratic and Republican opposition.
The House budget conforms with a version passed by the Senate on Friday. Bredesen is expected to sign the bill, which makes few changes to the budget proposal he submitted in February.
Most of the new money available to the state will be spent on K-12 education, while the state also increases its rainy day fund to an all-time high. Lottery money will be used to expand preschool for poor 4-year-olds and state employees were given a 3 percent raise.
“I think the budget represents what is good for the people of Tennessee,” said House Majority Leader Kim McMillan, D-Clarksville. “While the cuts on TennCare are hard, I believe we have provided money for a safety net to help those people.”
Bredesen’s safety net, drafted by a committee of health care professionals, will spend roughly $100 million to bolster local health clinics, help hospitals with indigent care costs and other “safety net” measures. It also helps the severely mentally ill with prescription drug costs.
Democratic leaders joined Bredesen in urging their members to stick with the governor’s plan to cut TennCare drastically, save a half billion dollars and work on lasting reforms for the $8 billion expanded Medicaid program.
A medical doctor on the Republican side of the aisle, Rep. Joey Hensley of Hohenwald, led the effort to spare 67,000 people from being cut from TennCare because their large medical bills made them uninsurable.
Hensley touted the benefits of getting an extra $180 million in federal matching money while giving the governor time to come up with other cost-saving ideas like prescription benefit limits.
“Most of these are just working people, just working families, that are uninsurable because they have medical problems,” Hensley said.
House Speaker Jimmy Naifeh, D-Covington, warned lawmakers that going against the governor’s wishes would keep them in Nashville another week.
The full House began working on the budget Friday, but when efforts to change the TennCare allocation began to attract Democrats, Speaker Jimmy Naifeh abruptly called an end to the debate and ordered members to resume work Saturday. By then, just a few Democrats decided to buck party leaders.
Leading Democrats, getting their members in line, said the idea just pushed TennCare problems off one more year and dumped more money into a system that hasn’t worked.
The Republican TennCare plan failed Friday in the Senate.
“We have made people think about the implications of disenrolling people from TennCare,” said Sen. Jim Bryson, R-Franklin. “We made them think about that.”
Winners of the 2005 Tennessee General Assembly
These bills were passed during the Tennessee General Assembly session. The bills are awaiting Gov. Phil Bredesen’s signature, except where otherwise noted. The texts of all bills may be read at http://www.legislature.state.tn.us/
BUDGET
The General Assembly approved a $26 billion budget that included most of Gov. Phil Bredesen’s requests. SB2315/HB2331
ETHICS-CONSULTING
Makes it a crime for members of the General Assembly to receive consulting fees. The bill has been signed by the governor. HB0001
ETHICS-CONSULTING
Requires members of the General Assembly to report any money received for consulting services performed for companies that are not doing business with the state of Tennessee. SB0585
ETHICS-RESIDENCY RESTRICTIONS
Bans political candidates from using a business address to establish residency for voting purposes. HB2245 /SB2215
ETHICS-AUDITING
Makes it a crime for a public servant to deliberately misrepresent information to an auditor. The bill has been signed by the governor. SB1063/HB0495
ETHICS-CAMPAIGN CONTRIBUTIONS
Limits an individual’s donation to a state party to $50,000 per calendar year. HB1090
CHARTER SCHOOL
Broadens eligibility for charter schools from students attending low-performing schools to all low-performing students. HB2137
PRE-K PLAN
Expands the state’s voluntary preschool program by adding $25 million from lottery proceeds for one year. SB2317/HB0328
GAY MARRIAGE
Gives Tennesseans a chance to vote on whether to amend the state constitution to define marriage as a contract between one man and one woman. This measure must be approved by a two-thirds majority of both chambers next year to go on 2006 ballot. SJR0031
METHAMPHETAMINE
Makes obtaining ingredients needed to make methamphetamine more difficult. SB2318/HB2334.
SALES TAX HOLIDAY
Exempts school supplies and clothing from the state sales tax for one weekend in August, starting in 2006. HB2314/SB2294
CUMBERLAND LAND
Pledges $10 million to partner with private groups like the Nature Conservancy to buy up large tracts of land on the Cumberland before they are lost to development. HB2274
JOBS PACKAGE
Creates a program in the Department of Economic and Community Development to assist businesses that create or retain jobs in Tennessee. SB2272
IMAGINATION LIBRARY
Sets up a fund to promote the governor’s Books from Birth initiative. HB2288/SB2275
ASPHALT PLANTS
Repeals a state law that since 1976 has blocked local governments from making their own asphalt. HB1376/SB1646
CIGARETTE DELIVERIES
Penalizes delivery services that knowingly give cigarettes to someone who is underage. SB2149
LOTTERY RETAILERS
Pays lottery retailers more for cashing winning tickets. HB0361/SB0601
HANDGUN PERMITS
Exempts law enforcement officers who retired in good standing after at least 10 years of service from renewal fees for handgun permits. SB1643
RETURNED CHECK FEES
Raises the fee retailers may charge for returned checks. SB2142
CELL PHONE RESTRICTIONS
Prohibits teenagers with a learner permit or intermediate driver’s license from talking on a cell phone while driving. HB2054/SB0036
RACIAL PROFILING
Requires state troopers to participate in a study of racial profiling. HB1925/SB2214
SMOKING IN DORMS
Allows colleges and universities to decide whether to prohibit smoking in their dormitories. HB1791/SB0757
COURT FEES
Standardizes court filing costs and litigation taxes. HB1010
COLLEGE RAPE REPORTING
Eliminates requirement of colleges to notify local law enforcement if a rape occurs on campus. SB0811/HB1542
PAROLEE FEES
Requires employed probationers and parolees to pay more for their own supervision and rehabilitation. The bill has been signed into law by the governor. SB2268/HB2270
SCHOOL BULLYING
Requires each of Tennessee’s 136 school districts to adopt a policy prohibiting bullying or harassment, as well as explore preventive measures. The governor has signed the bill. HB2114/SB1621
ORDERS OF PROTECTION
Toughens the penalty for anyone who violates an order of protection. HB1210/SB1763
LITTER TAX
Extends the temporary tax on soft drinks and barrels of beer to fund programs for the prevention and collection of litter. SB0161/HB0217
ADULT BOOKSTORES
Clarifies the requirements for what constitutes items that belong in an “adult bookstore.” SB0078/HB0031
UNDERAGE DRINKING
Allows juvenile courts to require teens who are charged for the first time with committing a delinquent act involving alcohol to spend time in a hospital emergency room. The bill has been signed by the governor. SB0005/HB0604
DRUG TESTING
Allows police to test motorists for illegal stimulant use, as well as blood alcohol content, when they’re suspected of driving under the influence. SB0060
Losers of the 2005 Tennessee General Assembly
These bills failed during the Tennessee General Assembly session. The texts of all bills may be read at http://www.legislature.state.tn.us/
ETHICS-LOBBYIST PHOTOS
Requires lobbyists to submit a photograph of themselves to the registry of election finance that would be posted on the Internet. The bill passed the House unanimously, but failed in a Senate committee. SB0586/HB1591
GAY ADOPTIONS
Bans adoptions by gay parents. The bill failed in a House committee. HB0775/SB1615
OPEN RECORDS
Requires businesses or organizations subject to open records laws to maintain a list of those records. This bill has been deferred until 2006.
FELONS VOTING RIGHTS
Restores voting rights to ex-felons more easily by allowing those who have been granted final release from prison or supervision by the board of probation and parole to receive restoration of citizenship rights by way of a certificate. The bill was approved in the Senate but failed in the House. HB1722/SB1678
LOTTERY SCHOLARSHIPS
Raises the maximum scholarship amount for students attending four-year institutions from $3,000 to $4,000 a year, and $1,500 to $2,000 for those attending two-year schools. Bill stalled in a Senate committee. SB0059/HB0353
WILDLIFE COMMISSION
Allows Lt. Gov. John Wilder to appoint two people to serve on the Tennessee Wildlife Resources Commission instead of one. The bill stalled in the House. SB1301
FLAG RIGHTS
Makes it legal to fly the American flag even in neighborhoods or buildings with restrictive covenants. An opinion from the state attorney general said the proposed bill was unconstitutional because it tampers with existing contracts between homeowners and neighborhood associations. SB1971
PLEDGE OF ALLEGIANCE
Specifies recitation of the Pledge of Allegiance in public schools “is not a state endorsement of religion.” The bill stalled in a Senate committee. HB1662/SB1889
HAIR BRAIDERS
Lowers the amount of training for people who braid, twist or add hair extensions without chemicals. The bill passed in the Senate, but failed in a House committee. HB1219/SB0048
CONCEALED WEAPONS
Allows those with permits to carry concealed weapons into bars and onto school grounds. The bill failed in a House committee. HB0887/SB0960
ELECTED SUPERINTENDENTS
Allows for the election of school superintendents. The bill failed in a House committee. HB1849/SB0872
CIGARETTE TAX
Raises the tax on a pack of cigarettes by 50 cents. The bill stalled in a Senate committee. SB0054
MEDICAL MARIJUANA
Legalizes medicinal marijuana in Tennessee. HB1210/SB1763
PHARMACIST MORALS PROTECTION
Protects state pharmacists who refuse to fill prescriptions for birth control pills or any medicines they feel violate their moral principles. SB0076/HB1383
PRESCRIPTION DRUG IMPORTS
Allows citizens to buy prescription drugs from Canada and the United Kingdom. The House deferred action until 2006. SB1989/HB1870
EMERGENCY CONTRACEPTION
Requires hospitals to inform rape victims about emergency contraception and make it available to those who request it. The House has deferred action until 2006. HB0865/SB1670
TENNESSEE RACING COMMISSION
Revive the Tennessee Racing Commission, which would oversee the industry under the Racing Control Act of 1987. A Senate committee has deferred action until 2006. HB0989/SB0388
CHIP MILL REGULATION
Enacts the “Tennessee Forest Resources Conservation Act,” designed to regulate the chip mill industry. The bill stalled in a House committee. SB1945
TORT REFORM
Limits the amount of money doctors can be sued for malpractice. Also limits the amount of damages plaintiffs can receive for loss of consortium to spouses. Action has been deferred until 2006. HB0258/SB0349 and HB2009/SB2059
LAW ENFORCEMENT ASSAULT
Creates tougher penalties for assaulting a police officer. The bill stalled in both chambers. SB0989/HB2254
INCOME TAX
Allows Tennesseans to vote on a proposed amendment to the constitution that would specifically prohibit a general income tax. The bill failed in a Senate committee. SJR0032
HOSPITAL FEES
Caps the rates hospitals charge uninsured patients. The bill stalled in the House. SB1903
HUNTING, FISHING PROTECTION
Protects hunting and fishing rights through a proposed constitutional amendment. The bill passed the Senate by a simple majority, but stalled in the House. SJR44
SPECIALTY PLATES-RELIGION
Sets up a specialty license plate for the Fellowship of Christian Athletes that assists the religious group that has chapters in high schools and colleges. Another plate touts the country as “One Nation Under God.” Both bills stalled in the House. SB1983 and SB2028