Senator Mae Beavers

April 7, 2011

Capitol Hill Weekly

E-Verify bill overcomes first hurdle in Senate with approval of Senate Commerce Committee

The Senate Commerce Committee has voted 8 to 1 to approve legislation that I am co-sponsoring calling for Tennessee employers to use the E-Verify system to ensure that new hires are in the state legally.  There are more than 140,000 illegal immigrants in Tennessee, with over 110,000 in the state’s workforce according to estimates.  The legislation is the first in a three-pronged approach to combat illegal immigration in Tennessee.

E-Verify, an Internet-based system operated by the Department of Homeland Security in partnership with the Social Security Administration, allows participating employers to electronically verify the employment eligibility of their newly hired employees by entering their name and a social security number. It is free to employers in all 50 states, including Tennessee where more than 4,000 businesses have voluntarily participated in the system.  The “E-Verify” system is 97.4 percent accurate.

The legislation, Senate Bill 1669, would penalize businesses for hiring illegal immigrants with escalating consequences for repeated offenses.  It also provides a mechanism for small businesses without Internet access to call by telephone for verification assistance.  Under the bill, businesses would keep verification records for three years after the hire or one year after termination of the person’s employment.  It does not apply to those employed before the January 1, 2012 enactment date.

Federal contractors or subcontractors have been required to use E-verify since 2008 to determine employment eligibility of employees performing direct work.  Fifteen states, including five which are adjacent to Tennessee, require the use of E-Verify for public and/or private employers.  Another 25 states are considering similar legislation.

The Tennessee General Assembly is also considering the “Lawful Immigration Enforcement Act” which calls for state and local law enforcement to determine the legal status of an individual in question in the course of a lawful stop and the “Eligibility Verification for Entitlements Act” which would give state agencies authorization to verify the lawful status of an alien in Tennessee before receiving any “non-emergency” public benefits.

Curbing prescription drug abuse — In other committee action this week, the Senate General Welfare, Health and Human Services Committee approved a bill designed to curb the abuse of prescription drugs at pain clinics in Tennessee.  The legislation is a result of “the efforts of the Tennessee Medical Association, in concert with the Tennessee Nurses Association and the Academy of Physicians Assistants, to regulate their own industry in order to allow pain clinics to better serve their patients.

Tennessee ranks second in the nation in regard to the overutilization of prescription pain medications, having exceeded the national average for controlled substance use for many years.  A national report conducted by the U.S. Substance Abuse and Mental Health Services Administration showed that pain reliever abuse nationwide was involved in almost 10 percent of admissions for treatment of teenagers and adults, up from two percent in the previous study a decade ago.  The study shows that Southern states reported the highest numbers, and the rise was especially pronounced among young adults ages 18 to 34.  It noted that roxicodone or oxycodone can be more easily obtained than heroin in the South.

Senate Bill 1258, as amended, would require all pain clinics in Tennessee to obtain a certificate by the Department of Health.  The Commissioner of Health, in consultation with the Boards of Medical Examiners, Osteopathic Examination, Nursing, and the Committee on Physician’s Assistants, would promulgate rules necessary to operate these clinics.  They would also have the authority to examine pain clinics, their staff and patient records, to ensure compliance with those rules.  This includes the ability to investigate complaints or violations.  Under the bill, the respective boards would be authorized to take action against violators.

The bill would require pain clinics to operate under the supervision of a duly licensed medical director who must spend at least one day per week on site.  In order to assure a paper trail is created to ensure transparency for all transactions, the bill prohibits cash payments for services, except when a third party payer is billed.  Finally, the measure establishes that a paid management facility may not be owned by a person convicted of a felony.  It also applies to those convicted of a misdemeanor, when the facts are related to the distribution of illegal prescription drugs or a controlled substance.

Anti-crime bills move in State Senate

Legislation targets gang-related drive by shootings

Several anti-crime bills were approved by the State Senate this week, including a measure approved by the Senate Judiciary Committee, which I chair, that strengthens penalties against those who discharge a firearm into an occupied habitation.  The legislation aims to curb “drive-by shootings” which is a growing problem with gang-related violence in the state.

Presently, state law prescribes that offenders can only be charged with reckless endangerment, which is a Class A misdemeanor, even if it involves putting a person in imminent danger of death or serious bodily injury, unless it is committed with a deadly weapon which would be a Class E felony. Senate Bill 690 would create an additional section to the state’s “Reckless Endangerment” law to make discharging a weapon into a residence a Class C felony if it is occupied and a Class D felony if no one is present.

Orders of Protection / Abuse — Legislation has passed the full Senate to modify the state’s present system for Orders of Protection to allow abusers to be taxed with court costs.  As the law is currently written, any person who files for an Order of Protection is considered a victim, precluding a judge from assessing court costs against a person who applies for an order of protection just to harass another.

Senate Bill 509 would allow a trial judge to assess costs against a person who has abused the system after a special hearing is held determining first, the person was not a victim as claimed and, second, that the application was filed frivolously.  The bill is meant to curb abuse of the system so that limited law enforcement and court resources are not mis-utilized for improper reasons and so they can focus efforts on victims who are truly in need of protective measures.

Abortion / SJR 127 — Senate Joint Resolution 127 which I am sponsoring to restore the people’s voice on state’s abortion laws was heard by the full Senate on first and second reading.  The resolution must be read three times before a final vote can be taken on the measure.  The proposal would allow citizens to amend Tennessee’s Constitution to say that the right to an abortion is only protected under the U.S. Constitution as interpreted by the U.S. Supreme Court.

Please feel free to contact me regarding any of the issues before our General Assembly.  You can email me at sen.mae.beavers@capitol.tn.gov or call me at (615) 741-2421.  I look forward to hearing from you!

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