Weekly Review

State Senators approve key bills in preparation to adjourn 2012 legislative session

Tue, 24 Apr 2012 21:44:00 GMT

(NASHVILLE, TN), April 20, 2012 – As the Tennessee Legislature prepared to enter the final week of the 107th General Assembly, state senators acted on a wide variety of important bills, including a measure calling for drug testing for welfare applicants, a bill to curb domestic violence and two resolutions giving citizens the opportunity to vote on how the state’s appellate judges are selected. State Senators also voted to ensure the transferability of dual credit courses for high school students when they enroll in college and to prevent K-12 schools from discriminating against a student based on a religious viewpoint.

Meanwhile members of the Senate Finance Committee worked tirelessly to find common ground on the budget for the 2012-2013 fiscal year that will begin on July 1. The remainder of the 2012 legislative session will be predominantly focused on bills which have a fiscal impact on the state’s budget. Tennessee is constitutionally bound to balance the budget. The Finance Committees in the House and the Senate reviewed legislation this week calling for additional appropriations to the financial package under consideration as lawmakers set priorities for inclusion in the budget.

Among key financial bills still awaiting final action in conjunction with passage of the budget is Senate Bill 3763, sponsored by Senate Majority Leader Mark Norris (R-Collierville), to reduce the state portion of the sales tax on grocery food from 5.5 percent to 5.25 percent, with the goal of lowering it to 5.0 percent in three years. Similarly, Senate Bill 3762, sponsored by Leader Norris, will be considered which would take the first step in a four-year process to phase out the state’s inheritance tax, also called the “death tax.” The tax cut bills, which have been a priority of Republican lawmakers for many years, are included in Governor Bill Haslam’s budget proposal.

Drug Test / Welfare Recipients – In major action this week, the Senate Finance Committee voted 8 to 3 in favor of legislation which calls for drug testing for welfare applicants. The bill would apply to testing for illegal use of marijuana, cocaine, methamphetamine, amphetamine and opiates such as morphine, with the possibility that other drugs could be added later by rules set forth under the bill. Senate Bill 2580, sponsored by Senator Stacey Campfield (R-Knoxville), applies to adult recipients of the Temporary Assistance to Needy Families (TANF) program.

“Under the federal Welfare Reform Act passed in 1996, states were authorized to conduct drug testing for TANF recipients,” said Senator Campfield. “The bill does not affect aid provided to children under the program.”

The implementation would occur in phases over a two-year period under the bill, with status reports regarding the matter being sent to the General Health and Welfare Committees in the legislature on a quarterly basis. It calls for the Department of Human Services to develop appropriate screening techniques and processes to establish reasonable cause that an applicant for TANF is using a drug illegally. The applicant could then be required to undergo a urine-based drug test to be conducted by a drug testing agency. If the applicant tests positive, the drug test would have to be verified by a confirmation test before TANF benefits could be denied. No drug for which an applicant has a current valid prescription could be used as a basis for denial of benefits.

The drug testing plan would also include a referral process for any applicant who tests positive to be referred to an appropriate treatment resource for drug abuse. If the applicant is otherwise eligible during the treatment period, he or she can receive TANF benefits during the treatment period for up to six months. If the applicant refuses treatment, he or she would be disqualified. After six months of disqualification, the applicant can reapply, but upon testing positive again he or she would become ineligible for one year.

Curbing Domestic Violence -- Legislation which strengthens penalties for domestic violence overcame a major hurdle this week with passage by the Senate Finance Committee. The "Repeat Domestic Violence Offender" bill, sponsored by Senator Doug Overbey (R-Maryville), prescribes mandatory jail time and enhanced fines for repeat offenders.

“This bill prescribes mandatory jail time for those who commit the despicable act of domestic assault,” said Senator Overbey. “It aims to curb the growing problem of domestic violence in Tennessee.”

Tennessee is ranked fifth in the nation for women murdered by men as a result of domestic violence.

Senate Bill 2251 provides at least 30 days in jail and a fine ranging from $350 to $3,500 for those convicted of a second offense for domestic violence when bodily injury occurs. Upon third or a subsequent conviction, the mandatory jail time would increase to 90 days and a fine ranging from $1,000 to $5,000. In counting prior convictions, the bill provides for a ten-year look back provision similar to the one used in the state’s drunk driving law.

The bill is part of a public safety package presented to the legislature by Governor Bill Haslam. It was recommended by a Public Safety Subcabinet Working Group composed of more than 10 government agencies which held meetings with over 300 leaders in law enforcement.

Resolutions / Appellate Judges -- The State Senate voted to approve on third and final reading a resolution that would allow Tennesseans to vote on whether or not they want to use a merit-based appointment system for selecting the state’s Supreme Court and intermediate appellate judges, followed by a retention vote of the people. Senate Joint Resolution 183, sponsored by Senate Majority Leader Mark Norris (R-Collierville), provides that as an alternative to contested elections, the legislature is authorized to establish in the law a system of merit-based appointments with retention elections for judges of the Supreme Court and the intermediate appellate courts. Senate Joint Resolution 710, sponsored by Senator Brian Kelsey (R-Germantown), was also read on second reading. It calls for appointment of state appellate judges in a manner similar to the federal model by allowing Tennessee’s Governor to appoint judges to the Supreme Court and state appellate courts, subject to confirmation by the General Assembly, for eight year terms.

Dual Credit Courses – A bill to ensure students will receive college credit for dual credit courses that they complete successfully in high school was approved by the Senate Finance Committee. Dual credit is a type of college credit by assessment that occurs when a high school student passes a course that has been created in collaboration with a higher education institution. The student then takes a test to prove their proficiency.

“Dual credit courses allow high school students to receive college credit for certain courses with a more rigorous college level curriculum,” said Senator Jim Tracy (R-Shelbyville), sponsor of the bill. “These courses are becoming more common in Tennessee high schools and are exceptional tools in preparing and encouraging high school students to attend college. However, we have a lot of students out there that have not been able to get the credit in college because of the transferability issue.”

Senate Bill 2809 would require public postsecondary institutions to accept for credit any dual credit course developed by another public postsecondary institution in collaboration with a high school if the student passes the course and a college proficiency test. The legislation specifies credit would only be provided when the student enrolls in college.

“Dual credit gets high school students ready for the college experience while they are still in high school,” Tracy added. “It dovetails with our high school diploma project and increases retention and graduation rates for students. I am pleased this bill has passed.”

Religious Expression in Public Schools – Action on the Senate floor this week included final approval of Senate Bill 3632 that would prevent a Local Education Agency (LEA) from discriminating against a student based on a religious viewpoint expressed by the student on an otherwise permissible subject. The legislation, sponsored by Senator Kerry Roberts (R-Springfield), requires an LEA to treat a student’s voluntary expression of a religious viewpoint the same as they would treat a voluntary expression of a secular viewpoint.

“Suppose a student was given an assignment to write about cause of America’s economic decline,” said Senator Roberts. “One student might choose to write about it from a political, economic or military standpoint, but another may wish to write that paper from a religious standpoint drawing parallels between the decline of Israel during the Babylonian Empire and America today. Under this bill, that academic exercise would have to be judged on its merit, not on the paradigm from which the student approaches the topic.”

The bill would also allow students to organize a student prayer group, religious clubs or other religious gathering to the same extent that other non-curricular groups organize. Those religious groups would be given the same access to school facilities for assembly and the same opportunities to advertise such meetings as given to other non-curricula groups. In addition, the bill would allow a student to express religious beliefs in homework, artwork and other school-related assignments free from discrimination.

“The student would not be penalized or rewarded based on the religious content of the student’s work,” Roberts added.

Finally, the measure requires an LEA to adopt a policy that includes the establishment of a limited public forum for student speakers at any school event at which a student is to publicly speak and a policy regarding voluntary student expression, among other provisions. The provisions of the legislation would begin in the 2013-2014 school year.

Lottery Scholarships -- The full Senate has approved Senate Bill 2514 which ties changes proposed by the Lottery Scholarship Stabilization Task Force to continued lottery revenue growth to ensure stability of the fund for future generations of Tennessee students. The legislation, sponsored by Senate Education Committee Chairman Dolores Gresham (R-Somerville), was filed after a recommendation from the bi-partisan Task Force comprised State Senators; the state’s top higher education officials from the Board of Regents, the University of Tennessee, the Tennessee Higher Education Commission, and the Tennessee Independent Colleges and Universities Association; as well as Tennessee’s two top financial experts, the State Comptroller and State Treasurer; and the Secretary of State.

The total costs of the scholarship program have outstripped lottery revenues (which is the net proceeds from the lottery games played plus interest from the lottery reserves) for the past several years. As a result, Tennessee has dipped into reserves to keep the promises made to students receiving funds through the state’s HOPE Scholarship program.

The proposed changes in scholarship eligibility requirements for students attending four year institutions will not be implemented if the Lottery Corporation sustains the $10 million growth projected by Lottery Corp. CEO Rebecca Paul through the spring of 2015. If revenues fall below that level at that time, the legislation would require students who attend a four-year institution to meet both the ACT and grade point average (GPA) requirements to receive the full lottery scholarship award beginning in the fall semester in 2015. The students meeting only one requirement would receive a two-year college grant and would be eligible for the full award by year three if they meet grade requirements. If provisions in the bill are enacted, the legislation would also provide 5,600 more recipients an opportunity to receive scholarship funding provided through the Tennessee Student Assistant Award (TSAA). Those grants would be available to non-traditional students of any age, including laid-off workers and other students.

No current scholarship recipient or any high school student working towards a lottery scholarship would be affected by the bill, regardless of whether or not lottery revenues decline. The legislation would begin with students currently enrolled in the 8th grade who would only be affected if a downturn in lottery revenue occurs, triggering the stabilization provisions.

Likewise, the State Senate approved Senate Bill 2515 recommended by the bi-partisan Task Force that would require the general lottery subaccount to be maintained at $100 million instead of $50 million. A “red flag” would be brought up if the subaccount reaches the $100 million dollar amount. If the subaccount drops below the $50 million threshold, the bill would require five percent of the lottery revenues to be placed into the subaccount until it is brought back to a balance of $50 million. It also requires the comptroller to make an annual report on the adequacy of the reserves to ensure stability of the fund for students in the future.

DUI – Two bills passed this week which aim to curb drunk driving. One bill clarifies that Tennessee’s DUI law includes offenders driving under the influence of prescription drugs, while the other measure requires blood alcohol testing or a breath sample for a suspected drunk driver if a court order or search warrant is issued.

“Both of these bills would curb drunk driving by ensuring that offenders cannot skirt prosecution,” said Senator Doug Overbey (R-Maryville), sponsor of the proposals. “Those who drink and drive or take intoxicating substances and get behind the wheel of a car must be accountable for their actions.”

Under present law, a person is charged with violating the state’s “implied consent” law if they refuse to be tested. A person violating the implied consent law gives up the right to drive, unless they are being charged for the first time in which an exception can be made for travel to and from work, for a period of one year. This applies even if the suspect is found not guilty. The Tennessee Department of Safety and Homeland Security reported 2,241 drivers were convicted for rejecting the tests during the last one-year reporting period.

Senate Bill 2914 clarifies that the provision regarding not administering the blood alcohol content (BAC) test if the person refuses to submit does not apply if testing is mandated by a court order or search warrant. The law also applies to testing mandated if a law enforcement officer has probable cause to believe that the driver of a motor vehicle involved in an accident resulting in the injury or death of another is driving under the influence of drugs or alcohol.

In addition, the State Senate approved Senate Bill 2915, which brings clarity to Tennessee’s law regarding driving while under the influence of prescription drugs. The legislation ensures that state law does not provide an excuse or a defense for offenders who do not have physical control of their vehicles due to them being under the influence of an intoxicant drug prescribed lawfully.

The Department of Safety reported a total of 22,119 DUI convictions during the last one-year reporting period.

“There are far too many drunk drivers on our streets,” added Overbey. “I am very pleased that our General Assembly has approved this legislation.”

Both bills now go to Governor Bill Haslam for his signature.

Issues in Brief

Change in method to select state’s Attorney General -- Legislation sponsored by Senate Judiciary Committee Chairman Mae Beavers (R-Mt. Juliet) that would allow Tennessee’s Governor to appoint the State Attorney General was approved by the Senate Finance Committee on Tuesday and was read on the first and second of three readings before the full State Senate this week. Senate Joint Resolution 693 would amend the state’s Constitution to allow the Governor to appoint the Attorney General for a six-year term subject to legislative confirmation. Tennessee is the only state in the nation that allows the State Supreme Court to select the attorney general. Other states either call for popular election or the Attorney General is selected by either the popularly elected Governor or the state legislature.

Unemployment Insurance Reform – Legislation that would give job creators some much-needed certainly for unemployment rules advanced this week through the Senate Finance Committee. The bill revises certain provisions such as misconduct rules by individuals seeking unemployment benefits. Moreover, Senate bill 3658, sponsored by Senator Jack Johnson (R-Franklin), specifies that "making a reasonable effort to secure work" means a claimant must provide detailed information regarding contact with at least three employers per week or must access services at a career center created by the Department.

Unemployment Insurance / Seasonal Workers – Similarly, Senate Finance Committee members approved Senate Bill 3657, sponsored by Senator Johnson, which establishes qualifications and criteria for determining benefit amounts paid to seasonal employees. The bill allows an employer to qualify as a "seasonal employer" for purposes of unemployment insurance benefits, and establishes the benefits an employee of a seasonal
worker will receive beginning in 2016.

Alcohol / Underage Drinking -- The Senate passed and sent to the Governor legislation to make it a Class C misdemeanor offense for a visibly intoxicated person between the ages of 18 and 21 to go into a retail package store knowing that intoxicating liquors are sold there and not leave the premises when asked to do so by the owner or an employee of the establishment. Senate Bill 2544, sponsored by Senator Becky Duncan Massey (R-Knoxville), would also make it a delinquent act for a minor to knowingly go into a retail package store and remain on the premises despite being asked to leave.

Synthetic Drugs -- Senate Bill 3018 which defines synthetic drugs in a manner in which unscrupulous manufacturers cannot skirt the law to avoid prosecution is one step closer to passage after Finance Committee members voted to approve it. The bill, sponsored by Senate Judiciary Chairman Mae Beavers (R-Mt. Juliet), defines synthetic drugs to capture any analogues, which are chemical compounds having a similar structure to the banned drug. This legislation creates a new Class D felony offense for a person to knowingly manufacture, deliver, dispense or sell a controlled substance analogue. The proposal elevates penalties upon a second or subsequent violation to a Class C felony. If the violation involves the delivery, dispensing or sale of a controlled substance analogue to a minor, the offender will be punished one classification higher than the punishment for delivering, dispensing or selling to an adult. The bill also creates a new Class A misdemeanor offense for a person knowingly to possess or casually exchange under a gram of a controlled substance analogue.

Sex Offenders / DNA – The Senate Finance Committee voted this week to approve Senate Bill 2922, sponsored by Senator Doug Overbey (R-Maryville), which provides for a procedure to ensure law enforcement has a DNA sample for a sex offender when that person is on the Registry but is not incarcerated.

Sex Offenders / Indecent Exposure -- Senate Bill 3076, sponsored by Senator Jack Johnson (R-Franklin), was approved by the full Senate on Wednesday. The bill revises the punishment for the offenses of public indecency and indecent exposure. It specifies that indecent exposure would be a Class E felony if the defendant is 18 years of age or older and the victim is under 13 years of age and the offense occurs on the property of any public school, private or parochial school, licensed day care center or other child care facility during a time at which children are likely to be present. It also provides that if a person is charged with such Class E felony offense and the court grants judicial diversion, the court must order, as a condition of probation, that the person be enrolled in a satellite-based monitoring program for the full extent of the person's term of probation in a manner consistent with the requirements of the Tennessee Serious and Violent Sex Offender Monitoring Pilot Project Act.

Sex Offenders / Registration – Legislation, sponsored by Senator Kerry Roberts (R-Springfield), was passed unanimously by the Senate on Monday. The bill calls for judicial forfeiture of a registered sex offender’s automobile if he or she is found to be in violation of the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act. Senate Bill 3635 would allow judges to consider forfeiture when the registered offender violates the terms of the Registry Act by being at a day care, school or other places in which he or she is banned.

Tennessee Regulatory Authority -- Legislation reconstituting the Tennessee Regulatory Authority (TRA) which regulates utilities across the state advanced through the Senate Finance Committee this week. The TRA is currently governed by four full-time members, called directors, with salaries of $152,000 per year. Senate Bill 2247, sponsored by Senator Mark Norris (R-Collierville) and Senator Mike Faulk (R-Church Hill), would replace them with five part-time members who are paid $36,000 and a full-time executive director to manage the agency's day to day operations. The proposal for part-time directors follows deregulation of many industries previously governed by the TRA, including the trucking and phone industries and most electric utilities. The TRA does not regulate the Tennessee Valley Authority (TVA) or other utilities owned by local government. As a result, only 19 rate cases have come before the agency since 2003. The legislation also follows a comptroller report which showed the TRA needs a better management structure to optimize functions of the agency.

Schools / Extracurricular Activities -- State Senators approved Senate Bill 2488 this week calling for local education agencies to put the names of all clubs or school-associated extracurricular activities and their purpose in the student handbook. The bill, sponsored by Senator Dolores Gresham (R-Somerville), would give parents the opportunity to prohibit membership through written notice to the school.

###

Resolutions would allow Tennessee voters to change the state’s Constitution for merit-based appointment system for state’s Supreme Court and Appellate Judges with retention vote

Tue, 24 Apr 2012 21:47:00 GMT

(NASHVILLE, TN), April 12, 2012 – Action in the State Senate this week was highlighted by consideration of two proposals that would allow Tennesseans to vote on whether or not they want to use a merit-based appointment system for selecting the state’s Supreme Court and intermediate appellate judges, followed by a retention vote of the people. Senate Joint Resolution 183, sponsored by Senate Majority Leader Mark Norris (R-Collierville), and Senate Joint Resolution 710, sponsored by Senator Brian Kelsey (R-Germantown), were approved by the Senate Finance Committee on Tuesday and moved to the full Senate for the first and second readings on Wednesday and Thursday. A final vote on the matter is scheduled for Monday.

The action follows an announcement made earlier this year by Governor Bill Haslam, Lt. Governor Ron Ramsey (R-Blountville) and House Speaker Beth Harwell (R-Nashville) that legislative action is needed under the present system for selecting appellate judges in order to be constitutionally correct. Article VI, Section 3 of Tennessee’s Constitution requires that Supreme Court justices “shall be elected by the qualified voters of the state,” which concerns many lawmakers who believe the current system does not fully satisfy that mandate. Under the state’s current Tennessee Plan for selecting Supreme Court and other appellate judges, a 17-member Judicial Nominating Commission reviews applicants and sends the governor a panel of three nominees for consideration. The governor must then appoint one of the nominees or reject the panel and request a second panel. After being appointed through this process, the appellate judges must stand for approval by the voters after completion of their term, with the people deciding whether to “retain” or “replace” them.

Senate Joint Resolution 183 provides that as an alternative to contested elections, the legislature is authorized to establish in the law a system of merit-based appointments with retention elections for judges of the Supreme Court and the intermediate appellate courts. The changes set out in the resolution would only go into effect if the Constitution is amended by a vote of the people. First, the resolution must be approved by a simple majority of the legislature this year after three readings and must receive a two-thirds majority of both chambers in the following General Assembly. Then it would go to a vote of the people in 2014.

“This is the correct course of action for those of us who believe the Constitution means what it says and should be interpreted as written,” said Leader Norris. “We think that either the qualified voters of the state should elect the judges as it is written or if it is a merit-based system of retention, which is what we have or something similar to it, then the Constitution should be amended to reflect that – if that is the will of the people.”

“There are variations on what people would like to see in a merit-based system,” Norris continued. “This proposal does not get into that specificity; rather it gives the legislature the prerogative as to what the second step would be.”

The other proposal, Senate Joint Resolution 710, calls for appointment of state appellate judges in a manner similar to the federal model by allowing Tennessee’s Governor to appoint judges to the Supreme Court and state appellate courts, subject to confirmation by the General Assembly, for eight year terms.

“This plan follows the tried and true plan designed by our nation's Founding Fathers. Judges are appointed by the executive and confirmed by the legislature,” said Senator Kelsey. “The resolution even improves upon the federal model by correcting for its one flaw: inaction by the legislature. The plan puts a 60-day clock on the legislature to act or the nominee will be confirmed by default.”

“The importance of a highly functioning and independent judicial branch is crucial to the small, efficient government our unified Republican majority continues to bring to Tennessee,” said Lt. Governor Ramsey. “Our current method of choosing judges is a very good system, but it is not constitutional. This effort will ensure that we finally have a constitutional method of choosing judges.”

Bills aim to make state government more efficient and effective

Several bills advanced through the State Senate this week aiming to make Tennessee’s state government more efficient and effective, including legislation to revamp the Tennessee Regulatory Authority (TRA) which regulates utilities across the state. The TRA is currently governed by four full-time members, called directors, with salaries of $152,000 per year. Senate Bill 2247, sponsored by Senator Mark Norris (R-Collierville) and Senator Mike Faulk (R-Church Hill), would replace them with five part-time members who are paid in the mid $30,000 range and a full-time executive director to manage the agency's day to day operations.

The proposal for part-time directors follows deregulation of many industries previously governed by the TRA, including the trucking and phone industries and most electric utilities. The TRA does not regulate the Tennessee Valley Authority (TVA) or other utilities owned by local government. As a result, only 19 rate cases have come before the agency since 2003. The legislation also follows a comptroller report which showed the TRA needs a better management structure to optimize functions of the agency.

Under the bill, TRA directors would be appointed by the governor and the speakers of the House and Senate. The directors would then elect a chair and vice-chair from among themselves. The legislation requires monthly meetings unless waived by a majority vote. It also creates an executive director position to be appointed by joint agreement among the governor and the speakers of the House and Senate for the initial three-year term and establishes the minimum qualifications to ensure a high level of competency.

“Thirty one other states have an Executive Director at the helm of their similar agencies,” said Senator Faulk. “We want the new Executive Director to also do a top to bottom review of the TRA to see where further savings can be realized, while emphasizing a more effective agency for Tennessee rate-payers and the industries who come before them.”

Boards and Commissions / Efficient and Effective Government – In another effort to operate state government in a more efficient and effective manner, Senate Bill 2249, sponsored by Senate Majority Leader Mark Norris (R-Collierville) and Senator Mike Bell (R-Riceville) was presented for consideration to the Senate Finance Committee this week. The bill focuses on performance, accountability and effectiveness by making structural changes to 20 boards, commissions and licensing programs.

“We continue to streamline state government,” said Leader Norris.

Over the past year, heads of many of the state’s departments and agencies conducted a top to bottom review to thoroughly analyze operational and organizational efficiency. The review was fueled out of concerns that Tennessee must practice greater fiscal constraint due to cuts that will likely come from Washington and the need to downsize state government as state revenues are still below pre-recession levels. Through this comprehensive review, the departments were also asked to establish a culture of customer service, efficiency and effectiveness.

“With Tennessee facing significant budget challenges, we must reduce the size of government to make it work more efficiently and effectively,” said Chairman Bell. “At the same time, we are emphasizing customer service for Tennesseans who must access a wide array of state services, from driver’s licenses to TennCare. Senate Bill 2249 works to accomplish this.”

Currently, Tennessee has more than 200 boards and commissions, many of which have independent hiring and spending authority with little oversight. The legislation merges six boards into three for increased efficiency including the Conservation Trust Fund Board, which will absorb the Conservation Commission. The Oil and Gas Board and Water Quality Control Board would be combined to form the Board of Water Quality, Oil and Gas. The Petroleum Underground Storage Tank Board and the Solid Waste Board would be combined to form the Underground Storage Tank and Solid Waste Disposal Control Board. The proposal would eliminate 138 board positions, a move which will save money and increase effectiveness.

In addition, the legislation gives a Cabinet level commissioner oversight over five boards for increased accountability. They are the Peace Officers Standards and Training Commission; Tennessee Corrections Institute and Commission on Firefighting Personnel Standards and Training within the Department of Commerce and Insurance; the Council on Career and Technical Education within the Department of Education; and the Conservation Trust Fund Board within the Department of Environment and Conservation.

Finally, the bill gives the Governor hiring authority for four Commission’s executive directors including the Commission on Aging and Disability, Commission on Children and Youth, the Arts Commission, and the Higher Education Commission.

A vote is expected on the proposal in the Finance Committee on Tuesday.

State Government Efficiency / TEAM Act – The full Senate has approved legislation to update and reform the state’s antiquated employment system. Senate Bill 2246, sponsored by Senate Majority Leader Mark Norris (R-Collierville) and Senate Commerce Committee Chairman Jack Johnson (R-Franklin), is called the TEAM Act (Tennessee Excellence Accountability and Management Act).

A report released by the Comptroller’s Division of State Audit suggested Tennessee’s civil service system is inefficient, unfair and outdated. The system was also identified as cumbersome and inefficient by all departments in the Top to Bottom Review report ordered by Governor Bill Haslam.

“Passage of this Act prioritizes performance rather than seniority,” said Leader Norris. “It brings Tennessee into the 21st century and keeps our workforce competitive.”

Tennessee has just over 40,000 employees, of which 6,000 are executive service who do not have civil service protection, with the remainder as career service who do have certain protections under the system. Approximately 40 percent of Tennessee’s state employees will be eligible for retirement in the next five years.

“There are currently 549 registers for Tennessee State Government with over 100,000 applicants,” said Senator Johnson. “In most cases, applicants have remained on the register even though they may be deceased, found other jobs or moved to another state, which is a huge impediment for those who may legitimately be seeking employment or for existing employees applying for promotion.”

Johnson said the purpose of the TEAM Act is to establish a system that will attract, select, retain and promote the best applicants and employees in Tennessee state government. He said it also aims to give agencies greater flexibility in personnel management and would increase customer-focused effectiveness for citizens who access a wide variety of state government services.

Key provisions in the bill include:
Employees
• Renames civil service as state service and career service employees as preferred service employees
• Establishes methods for rewarding merit pay.
Hiring
• Creates a new hiring system where agencies will be required to identify minimum qualifications for an open position and specify the specific knowledge, skills, abilities and competencies needed
• Position openings would be announced for a minimum of one week
• Newly hired employees in the preferred category will have a one year probationary period, upon completion of which they will obtain the preferred designation
• Referred list of eligibles would include all applicants meeting the pre-established minimum qualifications
• Agencies would be required to interview a minimum of three candidates with one of the three hired
• Veterans will continue to be given preference in hiring and promotions for state jobs
Reduction in Force (RIF)
• Employees affected by a RIF would receive a minimum of 60 days notice beginning Oct. 1, 2012 - Dec. 31, 2013 and will go to 30 days thereafter
• In a RIF, the order of layoff would be based on performance first, then seniority, abilities and any disciplinary record
• Veterans will get an additional 60 months added to their service
• Covered employees affected by a RIF would be granted an interview for positions in the same classification they held prior to the RIF for a period of one year
Appeals
• Provides a new mediation system to improve the lengthy and complicated process for appeals for those state employees who feel they have been treated unfairly
• All preferred employees would have the right to appeal a dismissal, demotion or suspension identifying the law, rule or policy concerning the employee.
• The bill sets up a 9-member Board of Appeals
• The appeal process would have three steps, each with a time limit, ending with the Board of Appeals

Government Accountability / Reporting Fraud – The State Senate gave final approval to legislation this week that would require officials of any state agency to notify the Comptroller of the Treasury upon having knowledge of any act of theft, forgery, credit card fraud or any other unlawful act regarding public money, services or property. Senate Bill 3331, sponsored by Senator Bill Ketron (R-Murfreesboro), provides for state agencies to establish guidelines for the reporting of fraud to the Comptroller of the Treasury.

Legislation advances strengthening penalties against child sex offenders

The Senate Judiciary Committee worked late into the night on Tuesday and Wednesday, approving many anti-crime bills, including legislation that strengthens penalties against child sex offenders.

Aggravated Rape / Multiple Offenders – The Judiciary Committee approved Senate Bill 2349, sponsored by Chairman Mae Beavers (R-Mt. Juliet), which requires a person convicted of aggravated rape on or after July 1, 2012 to serve 100 percent of the sentence imposed by the court undiminished by any sentence reduction credits the person may be eligible for or earn. In addition, the proposal adds an "aggravated rapist" to the list of persons who must serve their entire sentence undiminished by sentence reduction credits.

Minor Victim / Undercover Officer – Judiciary Committee members voted to advance Senate Bill 2605, also sponsored by Chairman Beavers, which corrects an error in current law to ensure that prosecution and conviction is authorized for displaying sexual activity to a minor via electronic communication. The law would apply regardless of whether the victim is a minor or an undercover police officer posing as a minor.

Sex Trafficking – Two bills regarding sex trafficking were approved by the Judiciary Committee during the two-day marathon meetings. Senate Bill 2590 states that it is a defense to prosecution when a person charged with prostitution is charged for conduct that occurred because a person was a victim as defined under the federal Trafficking Victims Protection Act. Similarly, Senate Bill 2371 was approved which would make it a Class B felony for a sex trafficker to advertise the sale of a sexual act with a minor, except when the victim is a child between ages 13 and 15, which would be a Class A felony offense.

Sex Offenders / DNA – The committee voted to approve Senate Bill 2922, sponsored by Senator Doug Overbey (R-Maryville) that provides for a procedure to ensure law enforcement has a DNA sample for a sex offender when that person is on the Registry but is not incarcerated.

Sex Offenders / Indecent Exposure -- Senate Bill 3076, sponsored by Senator Jack Johnson (R-Franklin), was approved by Senate Judiciary Committee members. The bill revises the punishment for the offenses of public indecency and indecent exposure. It specifies that indecent exposure would be a Class E felony if the defendant is 18 years of age or older and the victim is under 13 years of age and the offense occurs on the property of any public school, private or parochial school, licensed day care center or other child care facility during a time at which children are likely to be present. It also provides that if a person is charged with such Class E felony offense and the court grants judicial diversion, the court must order, as a condition of probation, that the person be enrolled in a satellite-based monitoring program for the full extent of the person's term of probation in a manner consistent with the requirements of the Tennessee Serious and Violent Sex Offender Monitoring Pilot Project Act.

Sex Offenders / Registration – Another bill is pending action on the Senate floor on Monday, sponsored by Senator Kerry Roberts (R-Springfield), calls for judicial forfeiture of a registered sex offender’s automobile if they are found to be in violation of the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act. Senate Bill 3635 would allow judges to consider forfeiture when the registered offender violates the terms of the Registry Act by being at a day care, school or other places in which he or she is banned.

Bills to curb drunk driving advance in Senate Judiciary Committee

Three bills, sponsored by Senator Doug Overbey (R-Maryville), progressed through the Senate Judiciary Committee this week to curb drunk driving in Tennessee. Senate Bill 2913 would require the use of an ignition interlock device as a condition for obtaining a restricted license for those who are stopped on a DUI offense but who refuse testing. “Research shows that ignition interlock devices are one of the most effective ways to keep drunk drivers from continuing to drive drunk,” said Senator Overbey.

DUI / Testing – The Judiciary Committee also approved Senate Bill 2914 which clarifies that the provision regarding not administering the blood alcohol content (BAC) test if the person refuses to submit, does not apply if testing is mandated by a court order or search warrant. It also applies to testing mandated under present law regarding a law enforcement officer having probable cause to believe that the driver of a motor vehicle involved in an accident resulting in the injury or death of another is driving under the influence of drugs or alcohol. Under present law, if a person is placed under arrest and, after being requested by a law enforcement officer to submit to testing to check the amount of drugs or alcohol in the person's body and having been advised of the consequences for refusing, refuses to submit, the test to which the person refused will not be given, and the person is charged with violating the implied consent law.

DUI / Prescription Drugs -- In addition, Judiciary Committee members approved Senate Bill 2915 which brings clarity to Tennessee’s law regarding driving while under the influence of prescription drugs. The legislation ensures that state law does not provide an excuse or a defense for offenders who do not have physical control of their vehicle due to being under the influence of an intoxicant drug prescribed lawfully.

Legislation calls for transparency in use of public funds by charter schools

State Senators gave final approval to legislation on Thursday designed to enhance transparency in the use of public funds by charter schools. Senate Bill 3345, sponsored by Senator Bill Ketron (R-Murfreesboro), provides additional information for families who might be exploring a charter school option for their student.

“Public charter schools, like public schools, use taxpayer money. It is a statement of preference that in charter schools, like LEAs (local education agencies), that public money is used to hire American workers,” said Senator Ketron. “The funding disclosure provision of the bill is intended to provide transparency in the use of public funds so that parents have information and can make informed decisions about where they want to send their children to school.”

The legislation does not prevent foreign-born refugees, green card holders or any other immigrant residing in the U.S. with work authorization from being employed by or volunteering in Tennessee charter schools. The bill addresses a situation where a charter school would direct its recruitment overseas at workers who are neither present in the U.S. nor yet eligible to apply for a H1B visa. Further, the limit for foreign worker recruitment is only applied at the discretion of the chartering authority, typically the local school district.

“The bill does not limit participation in charter schools by anyone, including parents, living in immigrant communities in Tennessee, seek to eliminate diversity in charter schools or obstruct any parent or anyone else with an international background from volunteering or working at charter schools,” added Ketron. “In fact, Tennessee provides adult English Language Learner services to help non-English speaking adults living in Tennessee to develop the skills which will enable them to communicate in all aspects of community life including participation in their children’s schools.”

Drug Abuse legislation continues to highlight action in 2012 legislative session

Legislation to curtail illegal and prescription drug abuse in Tennessee continued to headline action on Capitol Hill this week as it remains a top issue for the 2012 session of the General Assembly. Lawmakers have numerous bills traveling through the legislative process to address the growing problem of synthetic drugs and meth, as well as abuse of drugs prescribed legally.

Prescription Drug Abuse -- The Senate Finance Committee approved a proposal to curb prescription drug abuse by requiring doctors or their designees to check the state’s Controlled Substance Monitoring Database for patients’ prescription history before initially prescribing an opioid or benzodiazepine substance or at every six months thereafter for the same episode of treatment. Senate Bill 2253, sponsored by Senate Majority Leader Mark Norris (R-Collierville) and Senate State and Local Government Chairman Ken Yager (R-Harriman) and is included in Governor Bill Haslam’s legislative package. The legislation requires pharmacies to collect a patient’s prescription information and report that information to the database within seven days. Currently it must be reported within 40 days. The bill also enhances penalties for doctor shopping from a Class A misdemeanor offense to a Class E Felony when it involves 250 or more pills. The stiffer penalties allow law enforcement officials to go after dealers who distribute the drugs illegally. The bill is sponsored by Senator Ken Yager (R-Harriman).

Synthetic Drugs / Methcathinone -- Senate Bill 2507, sponsored by Senator Jim Tracy (R-Shelbyville), was approved by the full Senate on Thursday. The bill adds chemical compounds considered to be derivatives of methcathinone to the Class A misdemeanor offense of production, manufacture, distribution, possession or sale of synthetic derivatives or analogues of methcathinone. This drug is a Schedule I psychoactive stimulant which is highly addictive and illegal in the United States for clinical use. The legislation removes the intent requirement from the offense of possession of synthetic derivatives or analogues of methcathinone.

Prescription Drug Abuse / Hospital Employees -- The full Senate also approved Senate Bill 2407, sponsored by Senator Randy McNally (R-Oak Ridge), to authorize the Controlled Substance Database Committee to provide a hospital an employee’s prescribing information. The information could be forwarded to that hospital’s Quality Improvement Committee if there is suspicion that the employee was writing prescriptions for his or her own personal use.

Issues in Brief

Change in method to select state’s Attorney General -- Legislation sponsored by Senate Judiciary Committee Chairman Mae Beavers (R-Mt. Juliet) that would allow Tennessee’s Governor to appoint the State Attorney General was approved by the Senate Finance Committee on Tuesday. Senate Joint Resolution 693 would amend the state’s Constitution to allow the Governor to appoint the Attorney General for a six-year term subject to legislative confirmation. Tennessee is the only state in the nation that allows the State Supreme Court to select the attorney general. Other states either call for popular election or the Attorney General is selected by either the popularly elected Governor or the state legislature.

Illegal Aliens / Risk of Flight -- The Senate Finance Committee voted to approve Senate Bill 2604 that allows the court clerk to set bail for traffic violations at a higher amount than normally permitted for a defendant who is unlawfully present in the U.S. and is deemed a risk of flight. The legislation is sponsored by Senate Judiciary Committee Chairman Mae Beavers (R-Mt. Juliet).

Jaclyn’s Law / 911 Responders – Legislation received final Senate approval this week that makes it clear that emergency responders have immunity if they force entry into a home after someone calls 911 and then doesn't answer the door. Senate Bill 2480 is named Jaclyn's Law, for a California woman who died after first responders failed to use forcible entry because of liability concerns. The legislation was brought to lawmakers by the woman’s sister who is a Tennessee resident. The bill seeks to clear up any gray area regarding the right of first responders to force entry after receiving a 911 call to render emergency medical assistance if no one answers the door, without fear of criminal or civil charges. The bill is sponsored by Senator Jack Johnson (R-Franklin).

###

State Senate changes state law to reflect Tennessee’s No Child Left Behind waiver

Fri, 23 Mar 2012 15:38:00 GMT

(NASHVILLE, TN), March 22, 2012 – State Senators continued to work through busy schedules this week on Capitol Hill, approving several important education proposals including a bill that amends current law to reflect Tennessee’s waiver from provisions of the federal No Child Left Behind Act (NCLB) and legislation to give teachers more authority over discipline in the classroom.

Senate Bill 3122, sponsored by Senate Education Committee Chairman Dolores Gresham (R-Somerville), acknowledges Tennessee’s own ambitious but achievable goals. The legislation is part of Governor Bill Haslam’s legislative priorities and comes after Tennessee received approval from the U.S. Department of Education to waive certain provisions of the federal NCLB law.

“This bill matches Tennessee law with Tennessee goals, moving away from the barriers created by the federal NCLB Adequate Yearly Progress (AYP) standards,” said Senator Gresham. “No Child Left Behind created a culture of compliance. We want to create a culture of achievement. It removes the over-identification of failing schools under the NCLB provisions to a system where schools are recognized for achieving individual student progress benchmarks set though our successful Race to the Top application.”

The AYP standard applied under No Child Left Behind would have designated hundreds of Tennessee schools as failing to meet the federal law’s definitions and timelines, making them subject to state takeover even though many are making progress. In place of the annual AYP designation for Local Education Agencies (LEAs) and schools, the bill establishes a state accountability system requiring significant growth in student achievement in core subjects. It also contains provisions designed to cut the achievement gap between the poorest students and racial minorities with their counterparts, whose scores are higher.

The bill gives greater autonomy and flexibility for schools and LEAs with proven success in turning student scores around, rather than applying a state takeover for all schools eligible for state intervention under NCLB provisions. By doing so, it narrowly tailors the most significant state sanctions to focus on the bottom five percent of schools. This allows local school districts to apply their own concentrated measures to improve student scores, as the state focuses on those schools which need help the most, particularly those who are under state intervention in the Achievement School District (ASD).

The Achievement School District was created by Tennessee’s First to the Top law. Gresham’s legislation clarifies the authority, obligations and operations of the ASD to ensure meaningful intervention in the state’s lowest-performing schools as required by federal waiver provisions. It clarifies funding, property rights and procurement processes to ensure the ASD’s ability to manage schools effectively and create dramatic change and improvement. In addition, it clarifies the transition of a school from the ASD back to the local school district, removing references put into place under the No Child Left Behind law and implanting parental decision-making opportunities.

Under the waiver, Tennessee proposes to raise overall achievement by 3 to 5 percent each year and to cut achievement gaps in half over an 8-year period.

Teachers / Discipline in the Classroom -- Teachers in grades 5 – 12 would have more authority to remove disruptive students from the classroom under legislation, sponsored by Senate Education Chairman Dolores Gresham (R-Somerville), which was approved by the State Senate this week. The bill authorizes each teacher, consistent with the local education agency’s (LEA) policy, to manage their classroom, discipline students and refer a student to the principal. It also requires principals to fully support the authority of the teacher to remove a persistently disruptive student as long as he/she was removed within the guidelines developed by the school and the LEA.

“Teachers cannot teach when they have persistently disruptive students in their classroom,” said Senator Gresham. “It is also unfair to hold teachers responsible for the progress of disruptive students who are out of their control, not to speak of the impact it has on other students in the classroom.”

“Children do not learn in a vacuum. The classroom environment we provide our kids directly affects the amount of instruction they are able to absorb,” said Lt. Governor Ron Ramsey praising the bill. “Teachers must have the ability to remove uncontrollable children who persistently contaminate the learning environment. I commend Chairman Gresham for bringing forth this measure.”

Senate Bill 3122 requires LEAs, or school boards, to adopt a complete policy regarding a teacher's ability to remove a disruptive student from the classroom. Under the bill, teachers must file a brief report with the principal detailing the behavior of the removed student. The principal must respond when a teacher refers a student by employing appropriate discipline management techniques that are consistent with the LEA policy and their student code of conduct. Following three documented removals, the principal cannot return a student back to that classroom unless the teacher consents. Similarly, principals would be prohibited from returning a student to the classroom on the day of the removal without the teacher's consent.

If the principal or the principal's designee recommends returning a student to the classroom following the three removals and the teacher does not consent, the LEA’s Director of Schools must review the record and determine the appropriate action. Finally, the legislation calls for the discipline policy to be disseminated to the students,
faculty, staff, and parents or guardians of students.

SCORE Report Card -- The State Collaborative on Reforming Education (SCORE) released their 2011-12 State of Education in Tennessee report, assessing K-12 public education in Tennessee. SCORE is a non-profit and non-partisan advocacy and research organization that was founded by former U.S. Senate Majority Leader Bill Frist (R-Tenn.) in 2009.

The report showed Tennessee has made a lot of progress, but there is significant work left to achieve our goals of providing Tennessee students with a world class education. The report includes a 2011 Year-In-Review in education, highlights four “Promising Practices” of innovative reform efforts across the state, provides a progress update on Tennessee’s First to the Top work, and provides extensive state and district education data from the past year.

The report identifies four clear priorities for how to continue reform in the year ahead. The priorities highlight the actions that SCORE believes must be taken to ensure that the state can build upon its early gains in student achievement and become the fastest improving state in the country. SCORE’s priorities include: continued commitment to successful implementation of educator evaluations and high academic standards; robust professional learning for educators to improve instruction; strengthening teacher preparation programs to ensure educators will be effective upon entering the classroom; and bolstering the principal and administrator pipeline to broaden the pool of candidates to lead schools in Tennessee.

“By maintaining our commitment to implementing an ambitious reform agenda and promoting stronger, better prepared and supported educators and school leaders, Tennessee can continue to lead the nation as a state committed to a better future for its students and graduates,” Frist said.

Teacher Evaluation / Public Records – Legislation that would keep teacher evaluations from being subject to publication was approved by the Senate State and Local Government Committee this week. Senate Bill 1447, sponsored by Senator Jim Tracy (R-Shelbyville), would keep access to the data limited to school officials and the teacher. The action comes after it was reported that education officials could be obliged to release evaluations in response to a request under the state's open records act.

Science / Teachers -- The State Senate approved Senate Bill 893, sponsored by Speaker Pro Tempore Bo Watson (R-Hixson), that would make it clear that teachers can help their students develop critical thinking skills regarding scientific evidence, allowing discussion on the strengths and weakness of various scientific theories. The discussion, however, must be within the framework of the curriculum. The bill now goes back to the House of Representatives for final approval as amended by the Senate.

Charter School / Student Promotion -- State Senators gave final approval to Senate Bill 2156 that clarifies charter schools can promote students based on test scores or grades. The bill is sponsored by Senator Brian Kelsey (R-Germantown).

Parental Involvement / Parent Contracts -- Legislation that would encourage school districts to develop and implement voluntary parental involvement contracts with parents of students passed the State Senate this week. It has been found that when parents collaborate with teachers, educators hold higher expectations of students and higher opinions of the parents. Findings also show that children from diverse cultural backgrounds tend to do better because parents and professionals are bridging the gap between the culture at home and the learning institution. Senate Bill 3588, sponsored by Senator Brian Kelsey (R-Germantown), is designed to encourage and facilitate a parent's involvement in his or her child's education.

Teachers First Amendment Right Protected – The State Senate passed Senate Bill 3060, sponsored by Senator Jim Summerville (R-Dickson), aimed at protecting the First Amendment rights of school personnel, including teachers and administrators. The bill seeks to ensure educators can participate in programs that take place either before or after school hours and do not interfere with their school duties, including those of a religious nature as long as they are initiated by students. The action comes after reported incidents where teachers and coaches were admonished for participating in such activities as the “Meet Me at the Pole” prayer event and prayer before sporting events, both of which are outside of school hours.

Bill to ease transfers between community colleges, private colleges and universities heads to Governor after final Senate approval

The State Senate approved and sent to Governor Bill Haslam legislation on Monday night that would make it easier for students to transfer credits between community colleges, private colleges and state universities. Senate Bill 2431, sponsored by Senate Education Committee Chairman Dolores Gresham (R-Somerville), authorizes community colleges within the Tennessee Board of Regents (TBR) to enter into reverse articulation or reverse transfer agreements with four year institutions within the TBR system and institutions within the University of Tennessee, as well as private colleges accredited by the Southern Association of College and Schools (SACS).

Articulation agreements are arrangements between higher education institutions that facilitate the transfer of course credits from one school to another. Agreements outline specific courses and letter grades completed at the community college that will transfer to a university or private college. They help students begin more defined curriculums so that students understand exactly which courses will and will not transfer as they move between colleges.

According to the Tennessee Higher Education Commission (THEC), articulation agreements between public higher education institutions are currently in development as part of the state’s Complete College Act of 2010. The articulation agreements between public institutions and private SACS-accredited institutions will be completed if the private institutions approve the agreements.

Gresham said the agreements could also work to give students attending a four-year college who do not complete their degree the opportunity to transfer their credits to a community college if they choose to earn an Associate’s Degree instead.

“We have ambitious goals to increase the number of college graduates in Tennessee,” added Gresham. “The articulation agreement makes sure a student has a clear understanding of what courses to complete at a community college to transfer to a university or private college successfully. This saves them from taking repetitive courses on the university level that might lengthen their time to degree completion.”

Issues in Brief

Drug Test / Welfare Recipients – The Senate Health and General Welfare Committee voted 7-1-1 in favor of legislation which calls for drug tests for applicants for Welfare benefits when that person has been arrested on a drug charge within five years. Senate Bill 2580, sponsored by Senator Stacey Campfield (R-Knoxville), applies to adult recipients of the Temporary Assistance to Needy Families (TANF) program. Under the federal Welfare Reform Act passed in 1996, states were authorized to conduct drug testing for TANF recipients. The bill does not affect aid provided to children under the program.

Illegal Aliens / Risk of Flight -- The Senate Judiciary Committee voted 6-2 to approve Senate Bill 2604 that allows the court clerk to set bail for traffic violations at a higher amount than normally permitted for a defendant who is unlawfully present in the U.S. and is deemed a risk of flight. The bill, which now goes to the Finance Committee, is sponsored by Senate Judiciary Committee Chairman Mae Beavers (R-Mt. Juliet).

Similarly, the Senate Judiciary Committee voted 6-1-2 for a bill requiring an officer to arrest a driver involved in an accident that results in serious bodily injury or death when the driver lacks a valid driver’s license and evidence of financial responsibility. Senate Bill 2350, sponsored by Senator Beavers, prohibits the issuance of a citation in lieu of an arrest in such circumstances due to the risk of flight. The bill is named the “Ricky Otts Act.” Mr. Otts was killed by an unlicensed driver who was suspected of being in the country illegally.

Felons with Firearms -- Senate Majority Leader Mark Norris (R-Collierville) led passage of legislation through the State Senate this week that would enact tougher sentences for gun possession by those with prior violent felony convictions. Currently, illegal possession of a firearm for convicted violent felons is punishable as a Class E felony, which carries a one to six-year sentence and up to $3,000 in fines. Senate Bill 2250 would increase the offense to a Class C felony, which is punishable by a 3 to 15-year sentence and up to $10,000 in fines for convicted felons carrying a firearm whose crime involved the use of force, violence or a deadly weapon. The punishment would be a Class D felony for felons whose conviction involved a drug offense. The bill will be heard on final consideration in the House of Representatives on Monday.

Gangs / Crime -- Norris also won passage of Senate Bill 2252, which enhances penalties for certain gang-related crimes committed by groups of three or more people one classification higher than if they had acted alone. A person robbed or assaulted by more than one assailant has a much greater chance of suffering severe injury or death. The legislation cracking down on gangs and the “Felons with Firearms” bill are part of a package of public safety bills included in Governor Bill Haslam’s legislative agenda. The bills were recommended by a Public Safety Subcabinet Working Group that developed 11 objectives and 40 action steps in their multi-year safety action plan with the goal of significantly reducing drug abuse and drug trafficking; curbing violent crime; and lowering the rate of repeat offenders in Tennessee.

Corrections -- Senate Bill 2248, sponsored by Senator Mark Norris (R-Collierville) and Senator Mike Faulk (R-Church Hill), is now on its way to the Governor after State Senators gave approval to an amendment placed on the bill by the House of Representatives. The legislation gives the State Department of Corrections the authority to supervise probation and parole services to provide a seamless one person contact for offenders throughout the entire criminal justice system and is also included in Governor Bill Haslam’s Public Safety legislative package. Forty states operate under a consolidated system, which is widely recognized as the best practice in corrections. The existing organizational structure that actually performs under the Board of Pardons and Paroles will remain intact upon transfer to the Department of Corrections.

Transitioning Youth Empowerment Act -- The State Senate unanimously approved and sent to the Governor the Tennessee Transitioning Youth Empowerment Act, sponsored by Senator Doug Overbey (R-Maryville) that would help foster children who are in state custody transition into adulthood. The bill continues a successful initiative which began in 2010 and was due to expire in June. Senate Bill 2199, which is endorsed by Governor Bill Haslam, continues a critical program that provides assistance to foster children between the ages of 18-21 once they age out of the foster care system. According to the Midwest Evaluation of Former Foster Youth, when compared to those youth who were discharged from foster care at 18, young adults who remained in care until 21 were more than twice as likely to be enrolled in a school or training program; three times as likely to be enrolled in college; less likely to be current recipients of other forms of government assistance, to have substance abuse problems and alcohol dependence, to be homeless, report being arrested or incarcerated; and are less likely to have experienced a pregnancy

Kelsey Smith Act -- State Senators approved legislation this week that would help law enforcement in locating a missing person believed to be the victim of a crime. Senate Bill 2413, sponsored by Senator Randy McNally (R-Oak Ridge), requires wireless providers to “ping” the victim’s cell phone at the request of law enforcement authorities to help locate the missing person when there is sufficient information to believe there is a risk or threat of death or serious physical harm. The “Kelsey Smith Act” is named after an 18-year old Kansas woman who was abducted, sexually assaulted and murdered in 2007. The tragedy resulted in a nationwide movement by her parents, Greg and Missey Smith, and other advocates to ensure that law enforcement authorities can receive assistance from a cell phone provider to help find the missing person. All members of the State Senate were added as sponsors of the bill.

Medal of Honor -- Tennessee Gov. Bill Haslam and Department of Veterans Affairs Commissioner Many-Bears Grinder posthumously awarded Sergeant First Class Dennis Murray the first Tennessee Fallen Heroes Medal. Murray was killed when insurgents attacked his unit with an improvised explosive device (IED) on November 21, 2011 in Kandahar province, Afghanistan. Murray is survived by his mother, Wanda Maxey, wife, Shelee Murray, and his two children, Sebastian and Savannah. The General Assembly passed Senate Bill 541, sponsored by Sen. Randy McNally (R-Oak Ridge), to honor and recognize service members killed in the line of duty in 2011.

Historic Documents / Ten Commandments -- Legislation authorizing local governments to display replicas of historic documents such as the Magna Carta, Declaration of Independence, U.S. Constitution and Ten Commandments has passed the Senate State and Local Government Committee. Senate Bill 2641, sponsored by Senator Mike Bell (R-Riceville), would apply to county or municipal public buildings or grounds and would allow replicas to be displayed in the form of statues, monuments, or any other display that respects the dignity of the documents.

Prescription Drug Abuse -- The Senate Health and Welfare Committee has approved a proposal to curb prescription drug abuse by requiring doctors or their designees to check the state’s Controlled Substance Monitoring Database for patients’ prescription history before prescribing an opioid or benzodiazepine substance. Senate Bill 2253 which is included in Governor Bill Haslam’s legislative package, requires pharmacies to collect a patient’s prescription information and report that information to the database within seven days. Currently it must be reported within 40 days. The bill also enhances penalties for doctor shopping from a Class A misdemeanor offense to a Class E Felony when it involves 250 or more pills. The stiffer penalties allow law enforcement officials to go after dealers who distribute the drugs illegally. The bill now goes to the Senate Government Operations Committee before moving to the Finance Committee and then to the floor for final consideration. The bill is sponsored by Senator Ken Yager (R-Harriman).

Wounded Soldier Honored -- The State Senate approved Senate Joint Resolution 711, sponsored by Senate Majority Leader Mark Norris (R-Collierville), in recognition United States Marine Corp Corporal Christian Brown of Munford. Corporal Brown suffered severe internal and external injuries in December in Afghanistan from an improvised explosive device (IED). The resolution applauds Brown’s “dedication and bravery in the face of grave danger” and extends the General Assembly’s best wishes for a speedy recovery. Brown is now receiving care at Walter Reed Hospital in Bethesda, Maryland. Norris will be among participants in the Honor Benefit Ride from Collierville to Brown’s home town of Munford to raise funds for the wounded soldier this weekend.

Photo ID/ Driver’s License -- Members of the Senate Finance Committee moved passage of legislation that deletes authorization for persons 60 years of age or older to obtain a non-photo driver license. Senate Bill 2287, sponsored by Senator Jim Tracy (R-Shelbyville), would only apply to current license holders upon renewal.

Constitutionality / Firearms Legislation -- Tennessee Attorney General Robert Cooper released an opinion to Senate Judiciary Committee members this week regarding the constitutionality of legislation that would allow gun owners to keep firearms locked out of sight in their vehicle while at their place of employment. The Attorney General opined that Senate Bill 3002 would be constitutionally defensible as two courts have upheld similar bills against such challenges. The bill is sponsored by Senator Mike Faulk (R-Church Hill).

###

Tax Relief, Prescription Drug Abuse, Courts, Anti-Crime Legislation headline week on Capitol Hill

Thu, 15 Mar 2012 20:50:00 GMT

(NASHVILLE, TN), March 15, 2012 – Two tax relief bills that aim to keep senior citizens in Tennessee during their retirement years have begun moving through the State Senate in a week that was filled with action on some of the most important bills of the 2012 legislative session. One bill continues an incremental approach in phasing out Tennessee’s Hall Income Tax for senior citizens, while the other would provide relief by raising the inheritance tax exemption level to $1.25 million with the objective of reaching a $5 million level in subsequent years.

Hall Tax Relief -- The Hall Tax is imposed on individuals and other entities receiving interest from bonds, notes and dividends from stock. Enacted in 1929, this tax collects approximately $190 million in revenue, with about one-third going to local governments. Last year, legislation was passed to provide Hall Tax relief to citizens age 65 and older by raising the standard income exemption from $16,200 to $26,200 for single filers and from $27,000 to $37,000 for joint filers.

Of the individuals who pay the tax, 48 percent are age 65 and older.

Senate Bill 2535, sponsored by Senator Ken Yager (R-Harriman), further raises the exemption for citizens 65 years of age and older to $36,200 for single filers and $47,000 for those filing jointly beginning January 1, 2013.

“I am very pleased that this bill was recommended,” said Senator Yager. “It will help many senior citizens across Tennessee. It particularly helps keep seniors who rely on investment earnings for retirement stay in our state. It is very important that we continue with the second phase of implementing this tax relief for our senior citizens.”

“Raising the exemption on the Hall Tax will protect the nest eggs of fixed-income seniors who have saved responsibly for retirement,” said Lt. Gov. Ron Ramsey (R-Blountville). “Continuing to chip away at this tax shows the nation that Tennessee rewards personal responsibility and is serious about becoming a top-flight retirement destination.”

The Senate Tax Subcommittee also approved Senate Bill 2535, sponsored by Senator Yager, that would require annual adjustment on July 1 each year, to the maximum allowable income exemption levels, for single and joint filers of the Hall Income Tax who are 65 years of age or older. The adjustment would apply to the percent change of the consumer price index as published by the U.S. Department of Labor.

Inheritance Tax Relief -- Similarly, Senate Bill 3762, sponsored by Senate Majority Leader Mark Norris (R-Collierville) and endorsed by Governor Bill Haslam, takes a first step towards providing inheritance or estate tax relief, which is also called the death tax. Currently, the tax applies to estates worth more than $1 million. Tennessee has a higher inheritance tax when compared to its neighbors, which range from 5.5 percent to 9.5 percent.

“Tennessee’s current inheritance tax hurts farmers and small business owners who have scrimped, sacrificed and saved their entire lives to build up a family business,” Norris said. “It is also a factor for senior citizens moving to other states that have a higher exemption level which hurts Tennessee’s economy.”

Reduction of Sales Tax on Food -- In addition, the Senate Tax Subcommittee recommended key legislation to reduce the state portion of the sales tax on grocery food from 5.5 percent to 5.25 percent, with the goal of lowering it to 5.0 percent in three years. Senate Bill 3763, sponsored by Leader Norris, has been a goal of many Republicans in the General Assembly over the past several years. This year it was included in Governor Bill Haslam’s legislative package and is funded in the budget, which gives it a major boost towards passage.

“We need to not only keep our focus on the state budget, but also on the family budget,” said Leader Norris. “This bill implements the first phase in providing grocery tax relief in Tennessee.”

Prescription drug abuse legislation approved by Senate Judiciary Committee

Legislation, sponsored by Senator Ken Yager (R-Harriman), that would curb prescription drug abuse in Tennessee was approved by the Senate Judiciary Committee this week. Tennessee ranks second in the nation in regard to the overutilization of prescription pain medications. The bill would require doctors or their designees to check the state’s Controlled Substance Monitoring Database for patients’ prescription history before prescribing an opioid or benzodiazepine substance.

Opioids are painkillers such as morphine, methadone, buprenorphine, hydrocodone and oxycodone. Statistics from the Tennessee Drug Diversion Task Force show that 56 percent of patients who receive opioid prescriptions have filled another opioid prescription within the previous 30 days. Benzodiazepines are depressant drugs such as alprazolam, clonazepam, diazepam, lorazepam and triazolam. Young adults ages 18 to 25 have the highest annual rates of prescription drug abuse.

“Tennessee today faces an epidemic of prescription drug misuse or illegal use of prescription drugs, and the crisis that is caused by that epidemic affects our economy, the public safety, and the public health,” said Senator Yager. “I ask any one of you to talk to your sheriff or local police chief who will tell you that 80 percent of the people sitting in the local jail are there because of a drug or a drug-related charge. This bill strikes a hard blow at one of the sources of this poison -- doctor shopping.”

Yager said that in the last ten years, more than 8,000 Tennesseans have lost their lives from drug overdoses. Last year, there were more deaths in Tennessee due to drug overdoses than motor vehicle accidents, homicide or suicide.

“In many Tennessee counties, the death rate for accidental overdose is far in excess of the national average,” Yager added. “In the 12th district where I represent and many rural counties where it’s very pronounced, the rates are double the national average on the death rate for accidental overdose.”

Senate Bill 2733, which is included in Governor Bill Haslam’s legislative package, requires pharmacies to collect a patient’s prescription information and report that information to the database within seven days. Currently it must be reported within 40 days. The bill also enhances penalties for doctor shopping from a Class A misdemeanor offense to a Class E Felony when it involves 250 or more pills. The stiffer penalties allow law enforcement officials to go after dealers who distribute the drugs illegally.

Under the legislation, information from the database regarding patients’ prescription information can be released to law enforcement officials if they are engaged in an investigation or through a court order. With appropriate board approval, doctors’ and pharmacists’ prescribing / dispensing information could also be released to departmental investigators to help identify those medical professionals who are contributing to Tennessee’s prescription drug problem.

“This is a public health epidemic,” said John Dreyzehner, Commissioner of Public Health. “At root, this bill is about patient safety and it’s about the lives of Tennesseans. As we sit here today, an average of three Tennesseans will lose their lives to drug overdose deaths just today. As we sit here this week, we will see 20 Tennesseans on average lose their lives from drug overdose deaths. These are not just statistics. These are mothers, fathers and parents that are loved by lots of other people. Many of these deaths could be avoided if physicians like me would take it upon ourselves to check that database and make sure that we know what our patients are taking.”

The bill now goes to the Senate Health and Welfare Committee for consideration.

Legislation replaces Court of the Judiciary with new panel

The Senate Judiciary Committee has approved legislation to address concerns regarding the transparency and effectiveness of the Court of the Judiciary, the body charged with investigating and disciplining judges. The legislation, sponsored by Senator Mike Faulk (R-Church Hill), seeks to exercise the legislature’s constitutional duty to remove judges for misconduct and the Judiciary's obligation to police its own members.

The bill follows hearings initiated by Senate Judiciary Committee Chairman Mae Beavers (R-Mt. Juliet) to investigate the practices and procedures of the judicial oversight body. It also comes after recent reports in Knoxville and Nashville regarding judicial misconduct that exposed some deficiencies of the body and its effectiveness in exercising the legislature’s obligation to remove judges guilty of misconduct.

“The bill provides a balanced approach in the body that disciplines judges,” said Senator Faulk. “I believe the ends of justice are served by this legislation.”

The Court of the Judiciary was created by the legislature to investigate and, when warranted, act on complaints against judges. Currently, six of the eleven-member board is appointed by the Supreme Court and three are selected by the Tennessee Bar Association. The Court has broad jurisdiction to internally investigate, hear and determine charges sufficient to warrant discipline or removal of a judge.

Senate Bill 2671 abolishes the Tennessee Court of the Judiciary and replaces it with a new body, the Judicial Board of Conduct. Under the bill, appointments would be made by the Tennessee Judicial Conference, the Speakers of the House and Senate, and the Governor. Furthermore, it provides for a less restrictive standard that must be met for a complaint to move forward, as well as more transparency in regards to its reporting to the legislature and to the public. The Board would have the authority to take action against state judges and could endorse punishment, including removal.

“This bill moves us in the right direction,” said Senator Beavers. “Simply sitting by and doing nothing would be a travesty to many Tennesseans who hope to have fair and impartial judicial proceedings.”

The bill now goes to the full Senate floor for final consideration.

“Felons with firearms” bill and legislation addressing gang activity approved in Senate Finance Committee

Senate Majority Leader Mark Norris (R-Collierville) led passage of two key bills through the Senate Finance Committee this week. One bill would enact tougher sentences for gun possession by those with prior violent felony convictions, while the other would enhance penalties for certain crimes committed by gangs.

Norris sponsored a series of anti-crime laws dubbed “Crooks with Guns” passed in recent years designed to curb gun-related violence and focus resources on keeping these criminals behind bars longer to protect the public. “This is a continuation of those efforts to give law enforcement authorities stronger tools to curb violence in Tennessee,” he said.

Currently, illegal possession of a firearm for convicted violent felons is punishable as a Class E felony, which carries a one to six-year sentence and up to $3,000 in fines. Senate Bill 2250 would increase the offense to a Class C felony, which is punishable by a 3 to 15-year sentence and up to $10,000 in fines for convicted felons carrying a firearm whose crime involved the use of force, violence or a deadly weapon. The punishment would be a Class D felony for felons whose conviction involved a drug offense.

Tennessee Department of Safety and Homeland Security Commissioner Bill Gibbons told members of the Senate Finance Committee that over the last 10 years, approximately 19,000 people arrested in Memphis possessed a firearm when charged. About thirty percent of those arrested had been previously convicted. He said the scope of the problem was increased by a rise in drug trafficking and gang activity. Gibbons said the proliferation of crimes involving firearms pointed to the need for a “more effective hammer” to deter felons from going armed.

The second measure, Senate Bill 2252, would enhance penalties for certain gang-related crimes committed by groups of three or more people one classification higher than if they had acted alone.

“A person robbed or assaulted by more than one assailant has a much greater chance of suffering severe injury or death,” said Senator Norris. “This bill would keep them behind bars longer by bumping up penalties by one classification for aggravated assault, robbery or aggravated burglary, if the crime is committed in concert with two or more persons.”

“We have made a lot of progress in the last couple of years addressing the problem of violent crime in our state,” said Commissioner Gibbons. “You passed Crooks with Guns 1 and then Crooks with Guns 2, which addressed certain types of violent crimes and provided enhanced sentences for those if the offender was carrying a gun. You also passed some very important legislation dealing with aggravated robbery, upping the percentage that an individual has to serve before being eligible for parole. This bill addresses certain types of serious crimes not covered by that previous legislation.”

Norris said both bills are part of a package of public safety bills included in Governor Bill Haslam’s legislative agenda. The bills were recommended by a Public Safety Subcabinet Working Group composed of more than 10 government agencies which held meetings with over 300 leaders in law enforcement, substance abuse and corrections. The group developed 11 objectives and 40 action steps in their multi-year safety action plan with the goal of significantly reducing drug abuse and drug trafficking; curbing violent crime; and lowering the rate of repeat offenders in Tennessee.

Education proposal approved by Senate Education Committee creates a new teacher licensing option for subject experts

The Senate Education Committee approved legislation sponsored by Senator Jim Summerville (R-Dickson) that would give subject matter experts with a passion for teaching a fast track into the classroom. Senate Bill 2298 directs the State Board of Education to create an alternative teacher licensing option for individuals with professional and academic expertise.

The bill is promoted by Students First organization, a nationwide grassroots movement designed to mobilize parents, teachers, students, administrators, and citizens throughout country, and to channel their energy to produce meaningful results in student achievement.

“The most important factor in a child’s success is the presence of an effective teacher in the classroom,” said Senator Summerville. “Deep content learning and a passion for teaching are the most important factors in determining whether or not a student will learn, together with the important skills needed for mentoring.”

Alternative teachers licensed under the proposed law could only teach in grades seven through twelve. The bill requires applicants to have substantial professional or academic expertise, with a minimum of a bachelor’s degree. They must also participate in classroom management or mentoring education provided by the local education agency (LEA). The classroom training could be done by a local university or any other partner as authorized by the State Board of Education.

The legislation requires that alternatively licensed teachers pass the PRAXIS test, which tests subject content knowledge, or a similar exam as determined by the State Board of Education. Whether or not to hire a person with this license would be at the discretion of the LEA. The alternatively licensed teachers would be evaluated in the same rigorous manner as all other traditionally-licensed teachers as provided by Tennessee law.

“The Tennessee Higher Education Commission’s report card on teacher effectiveness demonstrates that alternatively licensed teachers, like those with Teach for America, perform on par or better than teachers who have completed traditional programs,” added Senator Summerville. “This bill allows us to expand the pool of licensed, qualified applicants for hard to staff positions, especially those in the area of math and science where we have teacher shortages.”

Issues in Brief

Nursing homes / Physicians – The full Senate approved Senate Bill 3263 which provides a monumental change to the way medical care is delivered to nursing home patients. The bill, sponsored by Senator Mike Bell (R-Cleveland), allows a nursing home facility to directly hire a doctor. The bill is modeled after the corporate practice law that was passed in 1996 to allow hospitals to hire doctors. Bell said the bill should lead to better care and shorter, less frequent trips to hospitals for nursing home patients.

Cooperative purchasing / Local Governments – Legislation authorizes counties and municipalities to utilize pricing discounts offered from any nationwide or regional competitive bid cooperative purchasing program was approved in the Senate State and Local Government Committee. Senate Bill 2289 would help local governments when purchasing supplies and equipment by ensuring that when it is required by charter or private act to purchase by competitive bidding, the procuring governmental unit is authorized to consider the price given by the cooperative purchasing program as a bid or quotation. The legislation is sponsored by Senator Mike Faulk (R-Church Hill).

Teachers First Amendment Right Protected – The Senate Education Committee took a strong step to protect the First Amendment rights of school personnel, including teachers and administrators, with approval of Senate Bill 3060, sponsored by Senator Jim Summerville (R-Dickson). The bill seeks to ensure educators can participate in programs that take place either before or after school hours and do not interfere with their school duties. The action comes after reported incidents where teachers and coaches were admonished for participating in such activities as the “Meet me at the Pole” prayer event and prayer before sporting events, both of which are outside of school hours.

Parental Involvement / Parent Contracts -- Legislation that would encourage school districts to develop and implement voluntary parental involvement contracts with parents of students passed the Senate Education Committee this week. It has been found that when parents collaborate with the teacher, educators hold higher expectations of students and higher opinions of the parents. Findings also show that children from diverse cultural backgrounds tend to do better because parents and professionals are bridging the gap between the culture at home and the learning institution. Senate Bill 3588, sponsored by Senator Brian Kelsey (R-Germantown), is designed to encourage and facilitate a parent's involvement in his or her child's education.

Children / Abused and Neglected Youth / Transition -- A bill to help ensure that abused and neglected youth in state custody get the chance they deserve to become healthy and productive adults was approved by the Senate Finance Committee. Senate Bill 2199, sponsored by Senator Doug Overbey (R-Maryville), would bridge the gap for those in foster care from the teenage years to adulthood by assuring the Transitioning Youth Act continues to remain in effect for years to come. This critical program, which was set to expire, provides assistance to youth in foster care between the ages of 18-21 -- after they age out of the foster care system. The Jim Casey Youth Opportunities Initiative Organization reports that 40 percent of young people who were in foster care became homeless or without a stable living situation at least once since exiting foster care, and many were homeless multiple times.

Human Trafficking -- State Senators gave final approval to Senate Bill 2369, which would give victims of human trafficking a civil cause of action to sue the person who has victimized them. Human traffickers target vulnerable victims which most often include immigrants, children and runaways. The National Center for Missing and Exploited Children reports that one in four children who run away are approached for commercial sexual exploitation within 48 hours of leaving home. State Senators also approved Senate Bill 2370, which calls for a plan to be developed in the Department of Human Services for the delivery of state services to victims of human trafficking to help them recover from this crime.

Healthcare providers / FGM – The full Senate voted to strengthen current state law banning female genital mutilation (FGM) by approving Senate Bill 2559 which requires healthcare providers to report FGM to law enforcement authorities in the same way gunshot wounds or meth fires are reported. Female genital mutilation is practiced on young girls and women in the Middle East, Africa and Asia, as well as locations in the United States where FGM-practicing immigrants reside, including Tennessee. The practice, which has serious health risks, is widely acknowledged as a human rights violation against women. Last year, 21 cases were reported in Tennessee hospitals. The bill is sponsored by Senate Republican Caucus Chairman Bill Ketron (R-Murfreesboro).

Motorcycle Safety / Children -- Final approval was given by State Senators to Senate Bill 74 which prohibits the operator of a motorcycle from transporting a child whose feet cannot reach the foot pegs as a passenger. The safety legislation prescribes a $50 fine for violation. The bill is sponsored by Senator Doug Overbey (R-Maryville).

Impersonation of U.S. Armed Forces -- Legislation was passed and sent to the Governor that would make it a Class B misdemeanor offense for a person to falsely represent they are a member of the U.S. Armed Forces. Senate Bill 2287, sponsored by Senator Becky Duncan Massey (R-Knoxville), creates a Class B misdemeanor offense for a person falsely representing to be or to have been a member of the United States Armed Forces when their intentions are fraudulent.

Economic Development / TN -- The publishers of Trade & Industry Development magazine, a national economic development publication, have named Amazon.com, Inc., General Motors, Quaprotek USA, MANN+HUMMEL USA and the Tennessee Department of Economic and Community Development among the recipients of its 2012 Corporate Investment & Community Impact (CiCi) Awards. With more than 700 project submissions throughout North America, these projects were chosen as four of only 15 finalists in the Community Impact division of the CiCi Awards, totaling the most for any state.

###

Lawmakers focus on legislation to aid crime victims and curb drug abuse

Fri, 09 Mar 2012 21:04:00 GMT

(NASHVILLE, TN), March 8, 2012 – Victims of crime were at the heart of several key bills that moved through the State Senate this week, as the General Assembly makes steady progress towards adjournment next month. Legislation to curb crime and drug abuse in Tennessee remains high on the list of priorities as lawmakers are working diligently to complete the 2012 session.

Kelsey Smith Act would help locate crime victims through cell phone technology

Among bills to aid crime victims was legislation approved by the Senate Commerce Committee that would help law enforcement in locating a missing person believed to be the victim of a crime. Senate Bill 2413, sponsored by Senator Randy McNally (R-Oak Ridge), requires wireless providers to “ping” the victim’s cell phone at the request of law enforcement authorities to help locate the missing person when there is sufficient information to believe there is a risk or threat of death or serious physical harm.

The “Kelsey Smith Act” is named after an 18-year old Kansas woman who was abducted, sexually assaulted and murdered in 2007. The tragedy resulted in a nationwide movement by her parents, Greg and Missey Smith, and other advocates to ensure that law enforcement authorities can receive assistance from a cell phone provider to help find the missing person.

Current law only allows emergency 911 personnel or law enforcement authorities to obtain a ping location on a cell phone if the call was made to 911 initially. Any other request requires a warrant, which may take days to obtain. In Kelsey Smith’s case, nearby surveillance video showed there was reason to believe she been abducted, but since she did not dial 911, her location was not released by her cell phone provider despite pleas from her family and law enforcement officials. After four days, the technology was used that pinpointed the location of her cell phone and her body was found within 45 minutes.

“This is a common sense law to give law enforcement the tools they need to protect crime victims,” said Senator McNally. “I cannot imagine the frustration of this young woman’s family and the police in trying to get this information. The first 24 hours in cases of abduction are critical. This legislation ensures that there are no legal obstacles that bar police from getting the information they need when there is risk of death or serious injury. ”

Currently five states, Kansas, Minnesota, Nebraska, North Dakota and New Hampshire, have passed the Kelsey Smith Act. Tennessee, Hawaii, Missouri and Washington, D.C. also have the legislation under consideration this year.

Proposed law would require healthcare providers to report cases of FGM

In the Senate Health and Welfare Committee, State Senators voted to strengthen current law banning female genital mutilation (FGM) by approving a bill that requires healthcare providers to report it to law enforcement authorities in the same way gunshot wounds or meth fires are reported. Female genital mutilation is practiced on young girls and women in parts of the Middle East, Africa and Asia, as well as locations in the United States where FGM-practicing immigrants reside, including Tennessee. Last year, 21 cases were reported in Tennessee hospitals.

Current law requires healthcare providers and facilities to report injuries to patients that are a result of violence to local law enforcement personnel, and failure to do so is a Class A misdemeanor. Likewise, Senate Bill 2559, sponsored by Senator Bill Ketron (R-Murfreesboro), requires health care providers to report injuries that result from illegal FGM to the appropriate law enforcement officials and the district attorney general.

“FGM is a barbaric practice,” said Senator Ketron. “The victims are often young girls. It is steeped in inequality and is a severe form of gender-based violence. This bill aims to ensure it has no place in Tennessee.”

The World Health Organization (WHO) estimates that between 100 and 140 million girls and women worldwide have been subjected to FGM. The practice, which has serious health risks, is widely acknowledged as a human rights violation against women.

Legislation creates civil recourse for victims of human trafficking

Legislation was approved by the Senate Judiciary Committee this week that would give victims of human trafficking a civil cause of action to sue the person who has victimized them. The purpose of Senate Bill 2369 is to help restore trafficking victims financially at the expense of the trafficker.

Human traffickers target vulnerable victims which most often include immigrants, children and runaways. The National Center for Missing and Exploited Children reports that one in four children who run away are approached for commercial sexual exploitation within 48 hours of leaving home.

A report ordered by the General Assembly and released by the Tennessee Bureau of Investigation (TBI) last year revealed disturbing findings about human trafficking in Tennessee. Seventy-eight of the 95 counties in Tennessee, representing 85 percent of the total counties in the state, reported at least one case of human sex trafficking in the last 24 months. Sixty-eight counties, representing 72 percent of the total counties in the state, reported at least one case of human sex trafficking involving a minor child, while Shelby, Davidson, Coffee and Knox Counties reported more than 100 cases.

In addition, the Senate Judiciary Committee approved Senate Bill 2370 which calls for a plan to be developed in the Department of Human Services for the delivery of state services to victims of human trafficking. The bill seeks to give victims assistance in identifying any services the state offers which will help them recover from this crime.

Legislature continues war against synthetic drug abuse in Tennessee

Legislation dealing with the growing epidemic of synthetic drugs in Tennessee passed the Senate Judiciary Committee on Tuesday. Senate Bill 2280, sponsored by Senator Mike Faulk (R-Church Hill), makes it a Class E felony to possess, use or sell synthetic substances intended to imitate controlled substances. The bill is modeled after laws currently in place in Florida and Virginia.

“We can’t wait any longer on this legislation,” said Senator Faulk, who added that since his bill was drafted deaths due to synthetic drugs have occurred in the state. “Tennessee must address this problem now,” he said.

Synthetic drug products, which have become increasingly popular among teens and young adults, are sold at a variety of retail outlets like convenience stores, smoke shops and over the Internet. The products are sold under the guise of “bath salts” or “plant food” but are comprised of a class of chemicals perceived as mimics of substances like cocaine, LSD and methamphetamines. Last week, Tennessee Bureau of Investigation (TBI) Director Mark Gwyn told Senate Judiciary Committee members that synthetic drugs have the potential to eclipse methamphetamine as the most dangerous drug in Tennessee unless action is taken.

“These synthetic designer drugs are being put on the street quicker than we can take them off the street,” said Gwyn. “I just today got briefed on some synthetic drugs that are probably on the way to Tennessee that we had no idea were even out there.”

Gwyn said there are many new synthetic drugs on the horizon that have not made it to Tennessee yet, including one mimicking Oxycontin. He said the drug, which is produced in China, comes in a container similar to 5-hour energy drinks.

The General Assembly has passed legislation to ban the chemical compound used in synthetic drugs; however, unscrupulous chemists manufacturing the drugs continue to modify molecules in the organic compound to avoid prosecution. By the time a new synthetic drug is discovered and banned, another altered form of the compound has taken its place.

The Faulk bill is similar to Senate Bill 2172, sponsored by Senator Mae Beavers (R-Mt. Juliet), passed by the Committee last month. However, that bill defined synthetic drugs in such a way as to capture any analogues. An analogue is a chemical compound having a similar structure to the banned drug. That proposal also prescribed tiered penalties for selling, using or possessing the drug.

Both bills now travel to the Senate Finance Committee for consideration of their financial impact.

Legislation passed by Senate Education Committee ties proposed scholarship changes to lottery revenues

The Senate Education Committee approved a bill this week that ties changes proposed by a Lottery Scholarship Stabilization Task Force to continued lottery revenue growth. The proposed changes in scholarship eligibility requirements for students attending four year institutions will not be implemented if the Lottery Corporation sustains the $10 million growth it experienced this year through the Spring of 2015.

The total costs of Tennessee’s Lottery Scholarship Program have outstripped lottery revenues -- the net proceeds from the lottery games played plus interest from the lottery reserves -- since 2008. To make up the difference, the state has dipped into the lottery reserves, an act of great concern to fiscally conservative policy makers and higher education officials who feared the lottery reserve balance would dwindle to an unsustainable level by fiscal year 2021. These concerns prompted Lt. Governor Ramsey to appoint a bi-partisan Senate Lottery Stabilization Task Force which included the state’s top higher education officials, key State Senators and the Tennessee Treasurer, Comptroller and Secretary of State.

Senate Bill 2514, sponsored by Senator Dolores Gresham (R-Somerville), would require students who attend a four-year institution to meet both the ACT and grade point average (GPA) requirements to receive the full award beginning in the fall semester in 2015. However, under the new amendment, that provision would only apply if the Lottery does not sustain the projected revenue growth.

Tennessee Lottery Corporation CEO Rebecca Paul Hargrove testified before the Senate Education Committee regarding the latest revenue reports. Hargrove said they have experienced a $10 million growth in revenues over the past year and predicted that increase would be sustained indefinitely.

“Unlike those in Washington, Tennessee is required to actually pay its bills on time – and we do,” said Lt. Gov. Ramsey. “I am committed to rewarding excellence in the classroom and giving a leg up to students who work hard. I am also committed to paying for it. This amendment will accomplish both goals in a common sense fashion.”

“We must have a fiscally sound lottery scholarship program that will not only ensure stability for the immediate future of the fund, but will also make sure it will be there for the next generation of students,” said Senator Gresham. “If the $10 million improvement is sustainable into 2015, this amendment would keep the current requirements for students attending four-year institutions in place.”

The plan adopted by the Task Force would have also provided financial assistance to financially-needy undergraduate students who are residents of the state. Approximately 5,600 more recipients would be served for each $10 million in funding provided to the Tennessee Student Assistant Award (TSAA) under the recommendation. The grants would be available to non-traditional students of any age, including laid-off workers and other students. That provision would also sunset if the $10 million is sustained and current eligibility requirements continue to remain in effect.

If the revenues fall short of the goal, the award to non-traditional students would apply and students who attend a four-year institution and meet one of the criteria (ACT or GPA) would be eligible for the two-year award amount. It also provides that students who meet one of the criteria and retain the award through year two would be eligible for a full award in year three. Award amounts for students who attend two-year institutions would remain unchanged under both plans.

Tennessee makes progress in battle on obesity
State’s Coordinated School Health Program is model legislation for other states

Tennessee is making progress in its battle with obesity according to two members of the state’s Obesity Task Force. Task Force members Chastity Mitchell and Joan Randall, who testified in the Senate Health and Welfare Committee this week, told lawmakers Tennessee has seen a reduction in the state’s overweight rates from the second to the fourth highest in the U.S., while the obesity rates have dropped from third to eighth nationwide.

“We believe we are making progress,” said Randall. “It is still not great, but we are going in the right direction. We want to acknowledge your help and hope we can continue to work together to make the environment in Tennessee more conducive to healthier Tennesseans.”

Randall said Tennessee is still seeing problems in the rural areas of the state where obesity numbers are not dropping. The Task Force promotes incentives for locating grocery stores in remote areas of the state to give citizens access to fresh fruits and vegetables. They also encourage access to nutritious foods in the state’s most urban communities, where there are fewer grocery stores, as well.

The Task Force is working with over 600 organizations and partners across the state, including scientists, clinicians, city planners, school officials, transportation specialists, and policy makers to address obesity. Their latest efforts include a cohesive program called “Eat Well - Play More Tennessee” to reduce hypertension, diabetes, and chronic heart disease among Tennesseans. The state ranks among the highest in the nation on all of these health conditions.

Mitchell said Tennessee’s coordinated school health program is key to the state’s efforts to reduce obesity and establish healthier choices among children. Tennessee is the only state in the nation that has a fully implemented program. “It is such a successful program that we are starting to see obesity rates decline for children in our state and that is a great thing,” she said. “Other states are looking to us as the leader and are modeling their coordinated school health program after what we are doing in Tennessee.”

“I am very proud of our coordinated school health program,” said Senate Health and Welfare Chairman Rusty Crowe (R-Johnson City). “We believe this will make a big difference for the next generation of Tennesseans in promoting healthier choices.”

Issues in Brief

State savings / state buildings -- General Services Commissioner Steve Cates presented his department’s budget to the Senate State and Local Government Committee this week. Cates said the department is continuing to identify areas of savings, including the reduction of leased space. Cates said he believes the state can eliminate one million square feet of rental property with more efficient use of state-owned buildings. The department has consolidated real estate management in order to take advantage of good business practices that save taxpayer dollars.

Veteran’s affairs – State and Local Government Committee members heard the budget of the Tennessee Department of Veterans Affairs this week as Commissioner Many Bears Grinder said that her biggest challenge is getting the word out to veterans regarding services they are entitled to access. Grinder said there are a half million veterans who live in Tennessee, with 1.5 million family members.

Jobs / Amazon – The full Senate has approved a bill, sponsored by Senator Randy McNally (R-Oak Ridge), to solidify a jobs agreement reached last year between Governor Bill Haslam, legislative leaders and Amazon officials. When all five centers are built and staffed, Amazon will have a $350 million investment and 3,500 full-time workers in Tennessee, in addition to thousands of seasonal employment opportunities.
Senate Bill 2232 establishes requirements for determining whether certain business affiliates have a physical presence in Tennessee sufficient to establish nexus for sales and use tax purposes. Nexus is a legal term referring to connection or jurisdiction within a State. The legislation will ensure that Amazon will pay Tennessee sales taxes if a national online sales tax law is not passed by the federal government by 2014.

DUI / Child Endangerment -- Legislation was approved by the full Senate that ensures a multiple DUI offender receives the appropriate punishment when he or she endangers a child in their vehicle by driving under the influence. Currently, multiple offenders do not receive an enhanced sentence like first offenders due ambiguity in the language of a 2005 law which enhanced penalties for child endangerment for DUI offenders. Senate Bill 2607 makes sure state law is clear for multiple DUI offenders that the punishment for child endangerment, which is 30 days, runs consecutively with any other sentence received. The bill is sponsored by Senate Judiciary Chairman Mae Beavers (R-Mt. Juliet).

Sportsman’s License / Intellectually Disabled -- Senator Steve Southerland (R-Morristown) won unanimous Senate approval this week of legislation that creates a sport combination license for individuals who are under the age of 18 and are permanently disabled as certified by a licensed physician. Senate Bill 3655 authorizes the Tennessee Wildlife Resources Agency to discount the annual fee to $5.00 for this license to encourage these outdoor activities for citizens with intellectual disabilities.

Motorcycle Safety / Children -- The Senate Transportation approved Senate Bill 74 on Wednesday which prohibits the operator of a motorcycle from transporting a child whose feet cannot reach the foot pegs as a passenger. The safety legislation prescribes a $50 fine for violation. The bill is sponsored by Senator Doug Overbey (R-Maryville).

Grape Farmers – The full Senate has approved legislation, sponsored by Senator Mike Faulk (R-Church Hill), designed to help Tennessee's growing grape farming industry. Senate Bill 3552 would allow grape farmers to contract with wineries in the state to custom crush the farm’s produce, turning it into wine labeled with the farm and winery’s logo.

Impersonation of U.S. Armed Forces -- Legislation that would make it a Class B misdemeanor offense for a person to falsely represent they are a member of the U.S. Armed Forces has advanced through the Senate Judiciary Committee this week. Senate Bill 2287, sponsored by Senator Becky Duncan Massey (R-Knoxville), creates a Class B misdemeanor offense for a person falsely representing to be or to have been a member of the United States Armed Forces when their intentions are fraudulent.

###

Jobs take center stage on Capitol Hill as Tennessee continues successful efforts to improve state’s economy

Thu, 01 Mar 2012 22:02:00 GMT

(NASHVILLE, TN), March 1, 2012 -- Jobs and the economy took center stage on Capitol Hill this week as lawmakers heard good news regarding Tennessee’s economic prospects, including the forecast that employers may see reductions in their unemployment premiums as early as July. Tennessee Commissioner of Labor and Workforce Development Karla Davis and Commissioner of Economic and Community Development Bill Hagerty appeared before the Senate Commerce Committee to present their budget requests and brief members on developments taking place on Tennessee’s jobs front.

Jobs / Amazon -- Meanwhile, the Senate Finance Committee’s Tax Subcommittee approved a bill, sponsored by Senator Randy McNally (R-Oak Ridge), to solidify a jobs agreement reached last year between Governor Bill Haslam, legislative leaders and Amazon officials. When all five centers are built and staffed, Amazon will have a $350 million investment and 3,500 full-time workers in Tennessee, in addition to thousands of seasonal employment opportunities.

Senate Bill 2232 establishes requirements for determining whether certain business affiliates have a physical presence in Tennessee sufficient to establish nexus for sales and use tax purposes. Nexus is a legal term referring to connection or jurisdiction within a State.

The legislation will ensure that Amazon will pay Tennessee sales taxes if a national online sales tax law is not passed by the federal government by 2014. Under the bill, the new Amazon fulfillment centers located across the State will meet the requirement for establishing nexus in Tennessee. Currently, Tennessee law requires that consumers pay use tax to the Tennessee Department of Revenue when making an online purchase from any retailer that does not collect sales tax.

Job creation reaches highest mark since 2007 -- Amazon is one of many job successes this year according to Economic and Community Development Commissioner Bill Hagerty. The Commissioner told Senate Commerce Committee members this week that Tennessee had a very productive year with the creation of 28,500 jobs in the state, the highest mark since 2007. The Commissioner attributed the success to a realignment the Department took after Governor Haslam ordered a “top to bottom review” of its operations.

“The result of that has been a fabulous job number in what has overall been a very tough economic environment,” Hagerty said. “The majority of job creation in this state comes from existing businesses as they expand. My challenge to the department has been to make sure that we maintain a 98 percent plus market share of all expansion that happens with Tennessee companies --and it is working.”

Although the focus is on expanding within Tennessee, Hagerty said Governor Haslam and the Department continue to be “very aggressive” in recruiting worldwide, visiting seven different countries in the last half of last year. The department is pursuing a new initiative to open up the market for export opportunities to increase the output from Tennessee companies. In addition, they are working on a co-investment fund to make money available for early stage capital to attract new private equity into the state for Tennessee entrepreneurs.

“This is very promising news,” said Senator Jack Johnson, Chairman of the Committee. “Bringing more economic opportunities to our state is job one this year, and we have seen great success recently in meeting that objective.”

Unemployment Fund Projected to Trigger Employer Premium Decrease in July -- Likewise, Commissioner of Labor and Workforce Development Karla Davis reported on her department’s activities this week, which included good news regarding Tennessee’s Unemployment Trust Fund. As of February 1, the balance of the fund is over $306 million.

“Because of the wisdom of the Legislature in passing the bill in 2009, our Trust Fund balance is solvent and we believe it will continue to remain so,” said Davis. “There are many states that are billions of dollars in debt to the federal government.”

The 2009 law contained triggers for higher premiums when the state’s unemployment fund goes down to insure solvency and keep the state from the federal mandates associated with borrowing or insolvency. The law also contained a 0.6 percent premium in order to keep the fund solvent. Those triggers, however, reverse to lower premiums upon reaching levels which ensure solvency of the fund.

Tennessee employers are currently paying premiums based on Tax Table 1, which assesses the highest level of premiums. The Trust Fund is expected to trigger Tax Table 2 in the immediate future. Thus, the assessment will result in a lower premium to employers in July of this year. The study also forecasts that the Trust Fund will hit the $650 million threshold in the third quarter of 2014. At that time there will be a further decrease in the tax as well as an elimination of the 0.6 percent solvency fee.

TEAM Act overcomes first hurdle with passage in the Senate State and Local Government Committee

Legislation revising Tennessee’s antiquated civil service system overcame its first hurdle this week as Senate Bill 2246 progressed through the Senate State and Local Government Committee. The action on the Tennessee Excellence Accountability and Management (TEAM) Act of 2012 came after several changes were made improving the bill, including an amendment sponsored by Senate Majority Leader Mark Norris (R-Collierville) which ensures veterans will continue to be given preference in hiring and promotions for state jobs. The action also came after a number of agreements and concessions were made between the Haslam administration, State Employees Association and others regarding certain provisions in the legislation.

Whereas the original bill insured veterans an interview, the Norris amendment requires that a veteran or a spouse of a disabled or deceased veteran be placed on the list of eligibles and if the minimum qualifications, skills and abilities, competencies and knowledge of the veteran and any other applicant are equal, preference would be given to the veteran for the position.

Currently, state law provides honorably discharged veterans preference in applying for civil service positions. These preference points are used in civil service hiring to give a leg up to veterans looking for jobs after leaving the armed forces. Spouses of veterans disabled or killed in the line of duty also receive preference.

The Norris amendment also ensures that seniority is considered as a key factor in cases of Reduction in Force (RIF).

The purpose of the TEAM Act, which is proposed by Governor Bill Haslam and sponsored by Senator Norris and Senator Jack Johnson (R-Franklin), is to establish a system that will attract, select, retain and promote the best applicants and employees in Tennessee state government. It also aims to give agencies greater flexibility in personnel management and increase customer-focused effectiveness for citizens who access a wide variety of state government services. Johnson said the genesis of the bill came from the Governor’s Top to Bottom Review of state government with every Commissioner listing the antiquated and inefficient hiring process as one of their chief concerns in improving services and efficiencies within their department.

Tennessee has just over 40,000 employees, of which 6,000 are executive service who do not have civil service protection, with the remainder as career service who do have certain protections under the system. Approximately 40 percent of Tennessee’s state employees will be eligible for retirement in the next five years.

“In order to meet the challenges of the future, state government must have the flexibility to attract and select applicants best suited for positions based on knowledge, skills and abilities, and methods available to retain and reward those employees based on performance,” said Johnson.

Currently, there are 549 registers for Tennessee State Government with over 100,000 applicants. In most cases, applicants have remained on the register even though they may be deceased, found other jobs or moved to another state, which is a huge impediment for those who may legitimately be seeking employment or for existing employees applying for promotion.

“We have a hiring process that was designed for the first half of the 20th century. We need one for the first half of the 21st century. That is what we are striving to do today,” said Johnson.

Key provisions in the bill include:
Employees
• Renames civil service as state service and career service employees as preferred service employees.
• Establishes methods for rewarding performance with pay.
• Provides funding for a salary survey designed to determine where the salaries for various job classifications are in relation to the overall market, and funds dedicated to take a first step in addressing recommendations from the survey.
Hiring
• Creates a new hiring system where agencies will be required to identify minimum qualifications for an open position and specify the specific knowledge, skills, abilities and competencies needed.
• Position openings would be announced for a minimum of one week
• Newly hired employees in the preferred category will have a one year probationary period, upon completion of which they will obtain the preferred designation.
• Referred list of eligibles would include all applicants meeting the pre-established minimum qualifications.
• Agencies would be required to interview a minimum of three candidates
Reduction in Force (RIF)
• Employees affected by a RIF would receive a minimum of 30 days notice.
• In a RIF, the order of layoff would be based on performance first, then seniority, disciplinary record, skills and abilities.
• Covered employees affected by RIF would be granted an interview for positions in the same classification they held prior to the RIF for a period of one year, provided they apply for the position.
Appeals
• Provides a new system to improve the lengthy and complicated process for appeals brought by state employees who feel they have been treated unfairly, some of which have been stalled for years.
• All preferred employees would have the right to appeal a dismissal, demotion or suspension identifying the law, rule or policy concerning the employee.
• The appeal process would have three steps, each with a time limit, ending with a Board of Appeals housed in the Department of Human Resources.

Voluntary Yellow Dot Program would alert emergency medical personnel of important health information in cases of a car crash or road emergency

Legislation establishing a voluntary “Yellow Dot” program in Tennessee to alert emergency medical personnel to important health information of the driver or a passenger was approved by the Senate Transportation Committee this week. Senate Bill 2277, sponsored by Senator Jim Tracy (R-Shelbyville), is designed to assist citizens and first responders in the event of an automobile crash or other medical emergency involving the participant’s vehicle. The “Yellow Dot” program would be a free service provided to individuals of all ages, with an emphasis on senior citizens.

“This program can help save lives during the critical “golden hour” by improving communication at a time when accident victims may be unable to communicate for themselves,” said Senator Tracy. “Having this information following a crash helps first responders positively identify the person, get in touch with family or emergency contacts and ensures that the person’s current medications and pre-existing medical conditions are considered when treatment is administered for injuries.”

Participants of the program would receive a “Yellow Dot” decal, a “Yellow Dot” folder and an information form with the participant’s name, an identifying photo, emergency contact information, personal physicians’ information, medical conditions, recent surgeries, allergies and medications being used. A “Yellow Dot” decal on the driver’s side rear window of a vehicle alerts first responders to check in the glove compartment for the corresponding “Yellow Dot” folder.

“Time is critical in an emergency situation, added Tracy. “This important program would give emergency responders a unique and effective program, which could make the difference between life and death for individuals involved in crashes.”

Legislation giving teachers more authority to relocate a student for safety reasons receives final approval

The State Senate unanimously approved legislation today giving teachers more authority to relocate a student who poses a safety threat without fear of being found liable. Senate Bill 3116, sponsored by Senator Dolores Gresham (R-Somerville), requires local education boards to adopt a policy authorizing a teacher's ability to temporarily move a student to a different location for the student's safety or the safety of others. The bill also requires principals to fully support the authority of teachers in taking the action when it is done according to the policy.

Gresham said the genesis of the bill came as she listened to teachers who were concerned about liability while performing assigned duties or that a lawsuit could be brought against them if they try to remove a student during an altercation. The legislation is supported by the Tennessee School Board Association, the Tennessee Teacher Association, and the Professional Educators of Tennessee.

The policy required under the measure would also cover teachers’ authorization to intervene in a physical altercation between two or more students or between a student and Local Education Agency (LEA) employee. It also allows for the use of reasonable or justifiable force upon a student if the student is unwilling to cooperate and it becomes necessary to end the altercation by relocating the student to another area.

“We have been listening to teachers who are very concerned about their ability to perform their duties and protect other students or themselves without fear that they will be sued,” said Senator Gresham. “Teachers should not have to fear they will be found personally liable for standing in a doorway to stop a physical altercation between two students. They should have full authority to remove a student to another location even if it involves the use of force.”

If steps beyond the use of reasonable or justifiable force are required, the proposal says the student would remain in place until law enforcement officers or school resource officers arrive.

“This bill would apply to acts committed on school property, as well as those at official school functions, including sporting events and approved field trips,” added Gresham. “In addition to teachers, it would apply to administrators, school support staff, bus drivers, cafeteria workers, school resource officers, and others working in the school who interact with students.”

Gresham said teachers must file a brief report with the principal detailing the situation that required the relocation of the student. If it is found that the student's behavior violated the LEA's zero tolerance policy, the report would become part of the student’s permanent record. The student is then subject to additional disciplinary action that may include suspension or expulsion from the school. The principal or their designee must notify the teacher involved of the actions taken to address the behavior of the relocated student.

The bill does not apply to special needs students.

“We must give our teachers the tools to maintain order and provide for the safety of their students, themselves, and others,” added Gresham. “This bill would go far to accomplish this.”

Legislation would give security officers at Tennessee’s Category I nuclear power plants authority to use deadly force in cases of severe threats of sabotage

Legislation that gives security officers at Tennessee’s two Category 1 nuclear power plants the authority to use deadly force to prevent an act of radioactive sabotage has been approved unanimously by the State Senate. The bill, sponsored by Senator Ken Yager (R-Harriman), would effect officers at the Tennessee Valley Authority’s (TVA) Watts Bar Power Plant in Rhea County and the Sequoyah Power Plant in Hamilton County.

“It is critically important that the scope of authority for nuclear facility security officers is clearly spelled out in state law,” said Senator Yager. “There should be no uncertainty as to whether they have the authority to effectively defend the public as well as themselves, against acts of radioactive sabotage.”

Dr. Mark Finley, General Manager of Nuclear Security at TVA, told lawmakers that officers at Watts Bar and Sequoyah are currently operating under the Castle Doctrine. The Castle Doctrine is a self-defense provision that allows for the use of force, including deadly force, when threatened within one's home. Finley said Senate Bill 2651 expands beyond that law, due to the safety implications to the public posed by threats of radioactive sabotage. He explained that there are a wide range of responses that plant security officers would use upon being faced with a threat, with deadly force being used as the last resort.

“This would clarify the regulations that they have to operate under and how they can use a continuum of force,” said Finley. “The bill would also identify the nuances that have been in place since 9-11, the sophistication of the adversaries, or the bad guys that would attempt to gain entry into our facilities. This identifies the different techniques that they use, how specialized they are and how concealing they are.”

The Nuclear Regulatory Commission (NRC) prescribes stringent qualifications and training for nuclear security officers. The facilities have a security plan that is regulated and inspected by the NRC every year. TVA also has a nuclear facility training program for the officers which is part of the plan approved and inspected by the NRC annually.

Finley said the Federal Bureau of Investigation (FBI) has categorized nuclear power sites across the nation as a very hard target after the 9-11 terrorist attacks. He said that although there was a move to federalize nuclear facility security officers after 9-11, the NRC and Congress opted not to adopt that course of action.

“State law needs to mirror the course of action that is recommended by the highly trained federal experts on this matter,” added Yager. “This new law would give our security personnel at these facilities the tools and the authority to do their job and protect the public.”

Similar legislation has been approved in Alabama, Arizona, New Jersey, New York and Texas.

Issues in Brief

Voter ID – Eighty two percent of Tennesseans consider the new voter identification law “a good idea that should be kept in place,” according to a new Middle Tennessee State University (MTSU) poll. About four in five Tennesseans (83 percent) say they have heard that voters will be asked to show a photo ID at the polls starting this year, up significantly from last fall’s 71 percent. The law was sponsored by Senate Republican Caucus Chairman Bill Ketron (R-Murfreesboro).

DUI / Child Endangerment -- Legislation was approved by the Senate Judiciary Committee this week that ensures a multiple DUI offender receives the appropriate punishment when he or she endangers a child in their vehicle by driving under the influence. Currently, multiple offenders do not receive an enhanced sentence like first offenders due to ambiguity in the language of a 2005 law which enhanced penalties for child endangerment for DUI offenders. Senate Bill 2607 makes sure state law is clear for multiple DUI offenders and that the punishment for child endangerment, which is 30 days, runs consecutively with any other sentence received. The bill is sponsored by Senate Judiciary Chairman Mae Beavers (R-Mt. Juliet).

Equal Access to Public Property Act -- The House of Representatives has approved a Senate amendment and sent to the Governor legislation to create order in the use of Tennessee’s public lands. Senate Bill 2508, sponsored by Senator Dolores Gresham (R-Somerville), makes it a misdemeanor offense to engage in the activity of camping on property owned by the state knowing that the area is not designated for that use. The “Equal Access to Public Property Act of 2012,” comes after reports of potential health threats, theft, lewd behavior and other crimes on the Capitol’s War Memorial Plaza in association with the “Occupy Nashville” encampment.

AG Action on Mortgages -- Tennessee Attorney General Bob Cooper told members of the Judiciary Committee this week that the state will participate in the $25 billion agreement with the nation's five largest mortgage servicers. The agreement arises from an investigation into unacceptable nationwide mortgage servicing and foreclosure practices. Once approved by the court, the agreement will provide an estimated $146 million in relief to Tennessee homeowners and addresses future mortgage loan servicing practices.

“Scenic Vistas” Act -- The Senate Energy and Environment Committee approved legislation this week ensuring that mountain top removal mining, as defined by the Environmental Protection Agency (EPA) and the federal Office of Surface Mining, is banned in Tennessee. State law already prohibits this form of surface mining that involves the blasting of the summit of a mountain to expose underlying coal seams. Senate Bill 577, as amended, adds the federal definition of the practice to Tennessee’s law to ensure that there is no misinterpretation that mountain top mining is prohibited in the state.

Heart Screenings / Newborns – The Senate approved a House amendment and sent to the Governor legislation to help detect serious heart defects in newborns before they cause permanent harm to the child or death is on its way to the Governor after the Senate adopted a minor House amendment. Senate Bill 65, sponsored by Senator Doug Overbey (R-Maryville), requires the state’s Genetic Advisory Committee to develop a program to screen newborns for critical cyanotic congenital heart disease (CCCHD) using pulse oximetry on or before January 1, 2013. Cyanotic heart disease is a congenital heart defect, present at birth, which results in low blood oxygen levels causing the skin to look blue. Congenital heart disease is responsible for more deaths in the first year of life than any other birth defects. Research shows that children who are diagnosed with CCCHD later in life tend to require more hospital care, greater resources, and have worse long-term health outcomes.

Veterans / Charitable Funds -- A resolution seeking to amend Tennessee’s Constitution to allow 501 (c) (19) charitable veterans groups to raise funds, in the same manner as other 501 (c) (3) charitable organizations has been approved upon third reading in the State Senate. Veterans groups were left out of the Constitutional Amendment approved by voters in 2002 that allowed charitable groups registered with the Internal Revenue Service as a 501 (c) (3) organization to conduct an annual fundraising event. Senate Joint Resolution 222, sponsored by Senator Rusty Crowe (R-Johnson City), requires that any funds raised by the games go to purposes that benefit the community, veterans or retired veterans. It must be approved by both the 107th General Assembly, currently in session, and the 108th, which will take office in 2013, before going to voters in a statewide referendum in November 2014, where it must receive a plurality of votes cast in the race for governor.

Lottery Funds – Lottery profits in Tennessee are up by $10 million for a record year according to Rebecca Paul Hargrove, President and CEO of the Tennessee Lottery. Hargrove appeared before the Senate Education Committee to present the Lottery Corporation’s budget and brief lawmakers on their progress. Since the Lottery began selling tickets on January 20, 2004, it has raised more than $2.2 billion for these programs. In addition to the educational beneficiaries, players have won over $5 billion
in prizes.

DNR Orders / Support Staff -- The State Senate has approved a bill that authorizes direct support personnel to follow the same Do Not Resuscitate (DNR) orders as licensed professionals in a healthcare facility. Senate Bill 2227, sponsored by Senator Rusty Crowe (R-Johnson City), ensures that other direct care staff honors the person’s or their family’s directive for end of life decisions by observing DNR orders.

###

Budget hearings, health care and anti-crime legislation highlight Capitol Hill Week

Thu, 16 Feb 2012 22:40:00 GMT

(NASHVILLE, TN), February 16, 2012 -- Senate Committees worked at “full steam” this week as State Senators examined the budgets of 10 agencies and departments of state government and approved a number of important bills. Passing a responsible state budget which meets the needs of Tennesseans and creating an optimal business climate to boost job growth top the list of legislative priorities this year.

The budget hearings are part of the process of reviewing how taxpayer dollars are spent to examine whether the money is being used efficiently and effectively to meet the state’s goals for each department or agency. Particular scrutiny is given to any proposed cuts or recommendations for improvements sent to the legislature by the Governor. The hearings will continue through March 13 until the budgets of all agencies all departments have been reviewed. Adoption of the budget is traditionally one of the last bills to be passed before adjournment.

In other news on state finances, Senate Majority Leader Mark Norris (R-Collierville) and Senate Finance Chairman Randy McNally (R-Oak Ridge) announced Tennessee has refinanced $449,070,000 in General Obligation Refunding Bonds, generating $37 million in savings for the state. The goal of this refinancing was to achieve debt service savings over the life of the debt equal to 4 percent of the present value of the refunded bonds. The State surpassed this goal, achieving 7.46 percent present value savings totaling $34,031,900. The savings were realized proportionally over the life of the refinanced debt.

Tennessee Senators join as amicus parties in challenging the constitutionality of the individual mandate in White House Health Care Plan

In other action, 77 Tennessee lawmakers announced this week that they are joining the State of Florida, 25 other states, and the National Federation of Independent Business in filing as amicus parties (friends of the court) challenging the constitutionality of the individual mandate in the Patient Protection and Affordable Care Act (PPACA). The individual mandate, which is the centerpiece of the new law, is the requirement that almost all people in the United States buy health insurance or pay a penalty to the IRS for failing to do so.

The brief was filed with the U.S. Supreme Court in preparation for the oral arguments scheduled to begin on March 27. Governor Haslam also announced his support of a separate brief filed by the Republican Governor Public Policy Committee (RGPPC) arguing against the constitutionality of the White House health care plan.

“The White House plan will stifle innovation and actually increase the cost of insurance,” said Lt. Governor Ron Ramsey (R-Blountville). “It is time that states push back to let Washington know that we are not going to stand by idly when this healthcare law so blatantly infringes on the constitutional rights of the states and the personal freedoms of our citizens.”

“This is one of the most important issues to be considered by the Court in our lifetime,” said Senate Majority Leader Mark Norris (R-Collierville). “States’ rights, individual liberties and our ability to keep the federal government from infringing those rights are at stake.”

“Our personal health care decisions should be managed by us and our health care providers, not politicians and bureaucrats in Washington,” said Senate Judiciary Chairman Mae Beavers (R-Mt. Juliet). “Never in our history has the U.S. government required its citizens as a condition of residency to purchase a particular product from a private company or government entity.”

The case is especially important to Tennessee and several other states because these states have enacted Health Care Freedom Acts. The Tennessee Health Freedom Act, passed in 2011, provides that every person in the state is free to choose, or not choose, any mode of securing healthcare services and to purchase, or not purchase, health insurance, without penalty or threat of penalty. Tennessee asserts this right to protect the freedom of its citizens under the Tenth Amendment of the Constitution, a principle that was emphasized in the amicus curiae brief filed with the Court.

Anti-Crime package continues to advance through General Assembly

Governor Bill Haslam’s anti-crime bills continued to advance through the legislative process this week, including a measure increasing penalties for repeat domestic violence offenders. The "Repeat Domestic Violence Offender" bill would provide at least 45 days in jail and a fine ranging from $350 to 3,500 for those convicted of a second offense for domestic violence. In addition, the bill strengthens penalties for a third or any subsequent offense to 120 days in jail and a fine ranging from $1,100 - $5,000.

The legislation, sponsored by Senator Doug Overbey (R-Maryville), aims to curb the growing problem of domestic violence in Tennessee. Tennessee is ranked fifth in the nation for women murdered by men as a result of domestic violence. Overbey said he sponsored the legislation at the request of Senate Majority Leader Mark Norris (R-Collierville), who is responsible for assisting Governor Haslam with passage of his legislative priorities.

The bill now goes to the Senate Finance Committee where Overbey told committee members that he will continue to work with state and local officials to offset the cost of housing prisoners who receive the mandatory jail time. The Governor included $780,000 in his proposed budget to pay for the legislation.

“When I first, at Senator Norris’s behest, took the bill, I took it at a time when there wasn’t a fiscal note,” said Overbey. “I was enthusiastic to sponsor the legislation because this is a tragic and growing problem in Tennessee that needs to be addressed. I will continue to work with mayors, sheriffs, district attorneys and Governor Haslam as we work towards a solution to offset the costs of housing offenders in local jails.”

Gang Violence – The Senate Judiciary Committee has approved Senate Bill 2252, sponsored by Senator Mark Norris (R-Collierville), which bumps up penalties by one classification if “a crime of force or violence is committed while acting in concert with two or more other persons.” A person robbed by a gang has a much greater chance of suffering severe injury or death. The bill, which must now receive approval by the House of Representatives, is pending action in the House Finance Committee.

Corrections -- The full Senate also approved Senate Bill 2248 giving the State Department of Corrections the authority to supervise probation and parole services to provide a seamless one person contact for offenders throughout the entire criminal justice system. Studies show that this is the optimal model to increase effectiveness in helping to reduce the likelihood of recidivism. The bill is sponsored by Senator Mike Faulk (R-Church Hill.)

Drug Abuse – Two bills aiming to curb drug abuse were approved by the full Senate this week dealing. The proposals, sponsored by Senator Randy McNally (R-Oak Ridge) are also part of the Governor’s public safety package. One bill deals with the purchase of amphetamines for the purpose of making meth. Senate Bill 2235 makes it a misdemeanor to “attempt to purchase” and “attempt to sell” amphetamines for a non-medical use or unlawful purpose, including the manufacture of meth, leaving a felony as the punishment for completing the act.

The second measure adds numerous opiates, depressants, stimulants and narcotics to Schedule I through V of the Controlled Substances Schedule. Senate Bill 2230 also adds Tramadol and Carisoprodol to Schedule IV of the Controlled Substances Schedule. A controlled (scheduled) drug is one whose use and distribution is tightly controlled because of the potential for abuse.

Constitutional Resolution seeks to give charitable veterans groups ability to raise funds as other 501 (c) (3) organiations

A resolution seeking to amend Tennessee’s Constitution to allow 501 (c) (19) charitable veterans groups to raise funds, in the same manner as other 501 (c) (3) charitable organizations, was heard this week by the full Senate on first reading. The bill is sponsored by Senator Rusty Crowe (R-Johnson City).

Crowe said veterans groups were left out of the Constitutional Amendment approved by voters in 2002 that allowed charitable groups registered with the Internal Revenue Service as a 501 (c) (3) organization to conduct an annual fundraising event. That Amendment, which also allowed for a State Education Lottery, authorized only such games as raffles, reverse raffles, cakewalks, duck races and cake wheels, as long as the games have been previously approved by a two-thirds vote of the General Assembly.

Senate Joint Resolution 222 requires that any funds raised by the games go to purposes that benefit the community, veterans or retired veterans. Games like bingo, pulltabs, punchboards, video lottery games, and instant and on-line lottery games would continue to be illegal, as well as other games of chance associated with casinos, slot machines, and roulette wheels.

The Resolution is required to be read three times before a vote is taken. It must be approved by both the 107th General Assembly, currently in session, and the 108th, which will take office in 2013, before going to voters in a statewide referendum in November 2014, where it must receive a plurality of votes cast in the race for governor.

“This is the first time since the Constitutional Amendment was passed that action has been taken to allow veterans groups to participate in these fundraising events,” said Senator Crowe. “I continue to hear from veterans about the need to change this so that they, too, can raise funds through such events as raffles. These veterans groups do a lot of good community service work, and I am proud to join with my colleagues to find a way to help them in their efforts.”

Issues in Brief

Hospitals – Members of the Senate Health and Welfare Committee voted this week to continue the hospital assessment adopted last year to prevent potentially catastrophic cuts to Tennessee hospitals. The hospitals asked the General Assembly to enact the coverage assessment for another year in order to raise $450 million in state funds to draw down $870.5 million in matching federal funds. The assessment is used to draw down federal funds available through a Medicaid match program approved by the Centers for Medicare and Medicaid Services (CMS). It will continue to provide the critical dollars necessary to provide hospitals a portion of their unreimbursed TennCare costs. A few examples of programs, in addition to the reduction in payments to hospitals and health professionals, that would be affected without the assessment are: critical access hospitals; the Graduate Medical Education program; 8-visit limit imposed on outpatient services, x-rays, and physician office procedures; various therapies; and, the enrollment cap for the medically needy. Senate Bill 2766 is sponsored by Senator Doug Overbey (R-Maryville).

Virtual Capitol Tour – Tennessee’s Secretary of State would be authorized to produce a virtual tour of the state capitol, capitol annexes and grounds and to publish it on the General Assembly and Secretary of State’s websites under legislation approved by the Senate State and Local Government Committee this week. The legislation also authorizes the state’s librarians to distribute to any public or private elementary, middle, junior high or senior high school the virtual tour on electronic media. Senate Bill 3194, which is sponsored by Senator Ken Yager (R-Harriman), aims to give students and others who cannot go to the Capitol for a variety of reasons, an opportunity to see where their government is housed by remote access.

Tennessee Electronic Library (TEL) -- Similarly, Secretary of State Tre Hargett who presented his budget in the Senate Finance, Ways and Means Committee, told State Senators that the state’s Electronic Library is receiving over 33 million Internet searches a year. The electronic library is an online collection of more than 400,000 resources, with over 150,000,000 articles, videos, e-books, podcasts and other reference materials available to any Tennessean with Internet access. TEL is used by over 100 libraries across the state and saves Tennessee schools and libraries about $94 million a year to purchase the resources that are available to them free of charge.

Electronic Fraud Hotline -- The Senate State and Local Government Committee has approved legislation calling for an electronic hotline for citizens to email any reports of fraud or abuse in state government spending. The bill, sponsored by Senator Becky Duncan Massey (R-Knoxville), adds electronic notifications to the current telephone hotline authorized under the Advocacy for Honest and Appropriate Government Spending Act.

Voter ID – Tennessee Secretary of State Tre Hargett told lawmakers on the Senate Finance Committee this week that 1.5 million copies of the state’s new voter identification requirements have been distributed to citizens to educate them on the new law. Hargett appeared before the Committee to present the budget for the Secretary of State’s office, which includes the Division of Elections. “I want to compliment you and Election Coordinator Mark Goins for the time and effort you put in since we implemented this bill,” said Senate Republican Caucus Chairman Bill Ketron (R-Murfreesboro). “I think you have looked under every rock possible to find ways to create greater awareness and eliminate confusion about the new law.”

Severe weather preparedness -- The Tennessee Emergency Management Agency (TEMA) and National Weather Service (NWS) are promoting preparedness for families, individuals and businesses as the state observed Tennessee Severe Weather Awareness Week. TEMA has announced the release of a new mobile, smartphone application, Ready TN. The application helps citizens know the hazards in their community and the preparations they should take to be ready for any emergency. The application provides location-based information on severe weather, road conditions, open shelters and local government contacts. Preparedness tips for specific hazards and checklists for emergency kit items are also provided in the application’s content. The Ready TN smartphone application is currently available in the Android Market by searching for Ready TN. The application is under development for use on the Apple iPhone.

Tennesse’s Day of Prayer – The first Thursday during the month of May will become “Tennessee's Day of Prayer” under Senate Bill 2516 approved by the State Senate this week. The bill is sponsored by Senator Mae Beavers (R-Mt. Juliet).

Safety information / Car crashes -- The full Senate has approved Senate Bill 2236 requiring local law enforcement agencies to send information regarding car crashes in their jurisdiction to the Tennessee Department of Safety and Homeland Security through an electronic reporting system by 2015. Currently, there are 500 police agencies of which 260 use the Department’s electronic TITAN system which is provided to them free of charge. Tennessee Highway Patrol Colonel Tracy Trott told lawmakers the measure would give them complete data so they can take a proactive approach to reduce the number of crashes and reduce fatalities. The bill is sponsored by Senator Jim Tracy (R-Shelbyville).

###

State Senate takes up public safetybills to curb violent crime, lower the rate of repeat offenders and reduce drug abuse

Mon, 13 Feb 2012 19:06:00 GMT

(NASHVILLE, TN), February 9, 2012 -- Law and order legislation dominated debate in the State Senate this week as lawmakers considered several of Governor Bill Haslam’s public safety bills, including proposals sponsored by Senate Majority Leader Mark Norris (R-Collierville), Senator Mike Faulk (R-Church Hill), and Senator Randy McNally (R-Oak Ridge). The Judiciary Committee advanced legislation to enact tougher sentences for gun possession by those with prior violent felony convictions and two drug abuse measures, while the State and Local Government Committee approved a bill to realign under the Department of Correction the supervision of adult felony offenders to include probation, parole and community corrections.

The bills were drafted at the recommendation of a Public Safety Subcabinet Working Group composed of more than 10 government agencies which held meetings with over 300 leaders in law enforcement, substance abuse, and corrections. The group developed 11 objectives and 40 action steps in their multi-year safety action plan with the goal of significantly reducing drug abuse and drug trafficking; curbing violent crime; and, lowering the rate of repeat offenders in Tennessee.

Felons with Guns -- Among bills approved was Senate Bill 2250, by Senator Norris, that would increase from a Class E felony to a Class C felony the punishment for convicted felons carrying a firearm whose crime involved the use of force, violence, or a deadly weapon. The punishment would be a Class D felony for those whose conviction involved a felony drug offense.

“Keeping our citizens safe is one of government’s primary responsibilities,” said Senator Norris. “This bill will give District Attorneys in Tennessee a stronger tool to keep convicted felons, who are prohibited from possessing a firearm, off Tennessee streets.” Norris sponsored a series of anti-crime laws passed in recent years designed to curb gun-related violence and focus resources on keeping these criminals behind bars longer and protecting the public.

Gang Violence -- Norris is also the sponsor of Senate Bill 2252 that would enhance penalties for certain crimes committed by groups of three or more people. Shelby County Deputy District Attorney General John Campbell told members of the Judiciary Committee that a person robbed by more than one assailant has a much greater chance of suffering severe injury or death. The bill to keep them behind bars longer bumps up penalties by one classification for aggravated assault, robbery, or aggravated burglary, if the crime is committed in concert with two or more persons. Action on the legislation was deferred until next week at the request of the sponsor.

Corrections -- Senate Bill 2248, sponsored by Senator Faulk, was approved by the Senate State and Local Government Committee. The legislation gives the State Department of Corrections the authority to supervise probation and parole services to provide a seamless one person contact for offenders throughout the entire criminal justice system.

The legislation was part of the administration’s top to bottom review of departments and agencies conducted last year. The consolidation of these agencies will reduce the competition for providers and allow for continuity of a single point of contact. Forty states operate under a consolidated system, which is widely recognized as a best practice in corrections. The existing organizational structure that actually performs under the Board of Pardons and Paroles will remain intact upon transfer to the Department of Corrections.

“This will save the state nearly three quarters of a million dollars without any apparent change in personnel, and is the optimal model in corrections throughout the U.S.,” said Senator Faulk.

Drug Abuse – In other action on the Governor’s public safety legislation, Senator Randy McNally (R-Oak Ridge) received approval from the Senate Judiciary Committee for legislation clarifying two statutes in Tennessee law dealing with the purchase of amphetamines for the purpose of making meth. Senate Bill 2235 makes it a misdemeanor to “attempt to purchase” and “attempt to sell” amphetamines with the intent to sell it to another for a non-medical use or unlawful purpose, including the manufacture of meth, leaving the felony as the punishment for completing the act.

A second proposal sponsored by Senator McNally and approved by the Judiciary Committee adds numerous opiates, depressants, stimulants, and narcotics to Schedule I through V of the Controlled Substances Schedule. Senate Bill 2230 also adds Tramadol and Carisoprodol to Schedule IV of the Controlled Substances Schedule. A controlled (scheduled) drug is one whose use and distribution is tightly controlled because of the potential for abuse. Controlled drugs are rated in the order of their abuse risk and placed in Schedules by the Federal Drug Enforcement Administration (DEA). The drugs with the highest abuse potential are placed in Schedule I, and those with the lowest abuse potential are placed in Schedule V.

“Drug abuse is one of Tennessee’s most serious public safety concerns,” said Senator McNally. “It is not only an underlying factor that leads to crime in our state, it touches just about every family in Tennessee.”

Other bills in the Governor’s public safety package, including a major prescription drug abuse bill sponsored by Senator Ken Yager (R-Harriman), will be considered by the General Assembly in the coming weeks.

The Senate Education Committee Conducts Hearings on Nominees to State Board of Regents, University of Tennessee Board of Trustees, Board of Education, Lottery Board of Directors

Seven nominees came before the Senate Education Committee this week for review of their credentials to serve on various state education boards, including the Tennessee Board of Regents (TBR), the University of Tennessee’s Board of Trustees, the State Board of Education and the Education Lottery Board of Directors. Members of the Committee asked each of the nominees various questions about their backgrounds and goals for helping Tennessee students achieve academic gains.

Senate Education Committee Chairman Dolores Gresham (R-Somerville) set the tone of the meeting by speaking to the nominees regarding the important public service task in front of them. Tennessee is currently 46th in the U.S. in education attainment and has an aggressive plan to make academic gains. Education Committee Counsel Helen James then read the duties prescribed in state law on each of the boards to which the nominees were appointed.

The nominees for State Board of Education and Education Lottery Board of Directors must receive confirmation by the Senate and House of Representatives. This law has not been followed in recent years and was the subject of much debate in 2010 as lawmakers took a closer look at the inside workings of the Tennessee Board of Regents during the selection process for a new chancellor.

“The 2010 hearing provided us with a closer look at the inside workings of all of these boards and their impact on raising education attainment in Tennessee,” said Senator Gresham. “We have much work to do as we implement the Complete College Act and accelerate our efforts in graduating more students from our colleges and universities. It is important that we know and confirm the key leaders who are our partners in this effort.”

The University of Tennessee system consists of three primary campuses, Knoxville, Chattanooga and Martin, a health sciences campus in Memphis, a research institute in Tullahoma and various extensions in each of the state’s 95 counties. The Board of Trustees, which is the governing body of The University of Tennessee, has full and complete control over its organization and administration; its constituent parts and financial affairs. It has a combined student enrollment of more than 44,000 students.

The Tennessee Board of Regents supervises all public institutions of higher education in Tennessee not governed by the University of Tennessee system, including the state’s four-year institutions, community colleges, and the Tennessee Technology Centers. With approximately 200,000 students, the system is the sixth largest in the U.S.

The Senate Education Committee approved Senate Resolutions 71, 72, 73 and 75 for J. Brian Ferguson, Spruell Driver, Jr. and Tommy Whitaker for the University of Tennessee Board of Trustees and Tom Griscom for the Tennessee Board of Regents.

Forestry officials warn lawmakers of two new pests which threaten Tennessee walnut and ash trees

Members of the Senate Energy and Environment Committee heard disturbing testimony from state forestry officials this week regarding two new pests which threaten the health of Tennessee’s forests. Assistant State Forester David Arnold said both the Emerald Ash Borer and Thousand Cankers Disease were first detected in the Knoxville area but have the potential to cause significant damage across the state, including wiping out entire species of trees. Forestry officials liken the threat to the chestnut blight which caused tremendous damage to that species of trees in the early part of the last century.

The Emerald Ash Borer, which came to the U.S. from packing material in Asia, attacks only ash trees. The Division of Forestry estimates that five million urban ash trees in Tennessee are potentially at risk from the pests. The Thousand Cankers Disease is a progressive disease caused by a fungus that is transmitted by the walnut twig beetle. The name “thousand cankers” is due to the numerous cankers, or infected tissue, which deprive black walnut trees of water and nutrients. The Tennessee Department of Forestry estimates that 1.38 million black walnut trees in Tennessee’s urban areas are potentially at risk from the disease.

Arnold said Forestry officials have taken action to protect the health of forests and have led incident management teams following the detection of the diseases. They are continuing to survey any additional infestations and are conducting outreach to commercial forest industries and the public to quarantine the problem and prevent the spread of the diseases. He said that one of the most effective methods to contain the spread of the diseases is to control the transportation of firewood. Forestry officials are warning the public not to transport firewood into or within Tennessee. They have urged the public to buy wood from a local source where it is to be burned and not to bring firewood home from camping trips. They are also urging citizens to watch for infestation in their ash and black walnut trees.

“This is a serious threat to Tennessee’s forests,” said Senate Energy and Environment Committee Chairman Steve Southerland (R-Morristown). “All citizens need to watch for this problem on their own property and heed the warning not to transport firewood out of their immediate area.”

Issues in Brief

Tennessee Officials / Judicial Diversion -- The Tennessee State Senate gave final approval to legislation sponsored by Senator Ken Yager (R-Harriman) which makes state or local officials who have committed a crime during their term of office ineligible for consideration of either pre-trial or judicial diversion. Judicial diversion is the process in criminal law when a person pleads guilty to a crime and can later have the charge removed (or expunged) from their record following a period of probation. Senate Bill 2566 would simply add a criminal offense committed by an official in the executive, legislative or judicial branch to the list of those which are ineligible for judicial diversion, if the crime was committed, in their official capacity or involved the duties of their office.

New “I Hate Meth” law results are promising -- Just released January data collected by the National Precursor Log Exchange (NPLEx) reveals impressive results for Tennessee in blocking unlawful sales of pseudoephedrine (PSE) at the sales counter. Senator Mae Beavers (R-Mt. Juliet) and other sponsors of the “I Hate Meth” law are touting the results as proof Tennessee is making progress in the fight against meth with legislation passed by the General Assembly last year. NPLEx uses real-time, stop-sale technology to block PSE sales. NPLEx has only been implemented in Tennessee for one month, but the electronic system has successfully blocked the sale of more than 4,993 illegal boxes of PSE, keeping more than 13,000 grams off of Tennessee streets.

Elections / Photo ID -- Waynesboro made history Tuesday by holding the first election since Tennessee’s voter photo identification law went into effect. Although there are some exceptions, the law generally requires voters to show valid photo identification before casting their ballots. The purpose of the new law, which took effect Jan. 1, is to safeguard against a type of election fraud known as voter impersonation. In all, 354 voters cast ballots in the Waynesboro city election, including 37 who voted absentee.
As expected, there were no problems related to the implementation of the new law.

Equal Access to Public Property Act of 2012 --Legislation which aims to create order in the use of Tennessee’s public lands advanced through the Senate Judiciary Committee this week and is headed to the Senate floor for final consideration. Senate Bill 2508, called the “Equal Access to Public Property Act of 2012” would define camping on lands not intended for residential use. The bill is sponsored by Senator Dolores Gresham (R-Somerville).

Tennessee Law Enforcement Officers / Death Benefit -- The full Senate has approved legislation to extend a $25,000 death benefit currently provided to local police officers or sheriffs’ deputies to state employees engaged in the detection and prevention of crime. Senate Bill 2204, sponsored by Senate Majority Leader Mark Norris (R-Collierville), would provide a death benefit to Tennessee Highway Patrol (THP) officers, Tennessee Bureau of Investigation (TBI) agents, Tennessee Wildlife Resources Agency Park Rangers employed by the Department of Conservation and Environment, and bomb and arson officers in the Department of Commerce and Insurance. The death benefit would apply to employees who are killed in the line of duty.

Tennessee National Guard Day -- March 3 would be declared “Tennessee National Guard Day” under legislation which met the final approval of the full Senate this week. Senate Bill 2231, sponsored by Senator Dolores Gresham (R-Somerville) and Senate Majority Leader Mark Norris (R-Collierville), honors and recognizes Tennessee National Guard personnel each year on that date for their service and sacrifices in defense of our nation and for responding to domestic missions within the borders of our state. The bill is pending action in the House Calendar and Rules Committee before receiving final approval in the House of Representatives.

Red Cedar / State Evergreen -- The red cedar would be designated Tennessee’s official state evergreen tree under legislation which passed the full Senate this week. Senate Bill 2362, sponsored by Senator Mike Faulk (R-Church Hill), states the eastern red cedar is indigenous to the entire state of Tennessee and was one of the first landscape trees used by early pioneers of the state like Andrew Jackson at the Hermitage. Cedar Knob, which was named for the red cedars, was the original name of the land upon which the state capitol was built in Nashville.

Support for Israel – State Senators have approved a resolution expressing strong support for the nation of Israel. Senate Joint Resolution 523 , sponsored by Senate Republican Caucus Chairman Bill Ketron (R-Murfreesboro) acknowledges a long history of friendship with Israel and its role in democracy in the Middle East. It also states the State of Tennessee recognizes that Israel has a right of self-defense against attacks of terrorism and expresses “strong support and a steadfast commitment to the security, welfare, and survival of the Jewish State of Israel with secure borders.”

###

Capitol Hill Week: State Budget / State of the State Address Highlight Action on Capitol Hill

Mon, 06 Feb 2012 19:23:00 GMT

Report shows 2011 job growth is best in 5 years

(NASHVILLE, TN), February 2, 2012 -- Governor Bill Haslam presented his State of the State / Budget Address to the General Assembly this week outlining his proposals for promoting job growth; improving education; enhancing public safety; providing a more customer-focused, efficient and effective state government; and, keeping taxes low. Asking citizens to believe in better for Tennessee, the Governor said, “We can believe in better for how state government serves Tennesseans. We can believe in better when it comes to the education of our children, and we can believe in better when we talk about a stronger, healthier economy for our state.”

The budget provides funding for the governor’s legislative proposals announced earlier in the year that include tougher sentences for certain gang-related crimes and gun possession by those with prior violent felony convictions along with mandatory incarceration for repeat domestic violence offenders. The proposals also call for raising the exemption level on the estate tax in Tennessee from $1 million to $1.25 million to lower the tax burden on family farmers and family business owners; and lowering the state portion of the sales tax on food from 5.5 percent to 5.3 percent with the goal of reducing it to 5 percent during the next three years.

“It's a budget I'm pleased to sponsor and will be proud to pass,” said Senate Majority Leader Mark Norris. (R-Collierville). “Public safety, education, the economy and tax relief are priorities, and essential services are preserved.”

On jobs, the Governor said he is continuing efforts to attract new businesses to Tennessee by creating the right business climate, with the goal of making the state the number one location in the Southeast for high-quality jobs. The budget provides an additional $10 million in FastTrack Infrastructure and the Job Training Program. In addition, the administration is continuing a review of burdensome and business-inhibiting federal and state regulations.

The proposed 2012-2013 budget, which will begin on July 1, spends $31 billion, nearly $1 million less than the almost $32 billion estimated for the current budget year. Tennessee has worked hard to ‘resize’ state programs and services to reflect a much smaller budget, especially with the uncertainty of potential cuts from Washington.

“Two things stood out in the Governor’s speech,” said Senate Finance Chairman Randy McNally. “The Governor wants to run an effective, efficient government and he stressed that it's the taxpayers' money, not government's. Those were important distinctions to make.”

Highlights of the budget include:
• Restores more than $100 million of the $160 million “core services” funding that was designated two years ago to be cut, such as the Coordinated School Health program; extended teacher contracts; alcohol and abuse treatment programs; juvenile justice grants; diabetes prevention; and matching dollars for state employee 401k programs.
• Full funding for the Basic Education Program.
• $264 million is proposed to fund long-deferred capital outlay projects in higher education including a new science building at Middle Tennessee State University; a science lab at the University of Tennessee in Knoxville; a new patient diagnostic center at the University of Tennessee Health Science Center in Memphis; plus planning money for new buildings at Nashville State Community College, Northeast State Community College, the University of Memphis and the University of Tennessee at Chattanooga.
• A 2.5 percent pay increase for state employees.
• Adds $50 million to the Rainy Day Fund, bringing it up to $356 million.
• A continued commitment to the West Tennessee Megasite with $25 million.
• More than $23 million to fund a new veterans home in Bradley County.

The complete text of the governor’s speech and an archived video of his speech are available at www.tn.gov/StateoftheState

Report shows 28,535 jobs created in Tennessee in 2011
Best record of job creation in five years

A report released by the Tennessee Department of Economic and Community Development (ECD) revealed good news this week on Tennessee’s job front. The Department’s 2011 Annual Report showed 28,535 new jobs were created in Tennessee last year, accounting for more than $4 billion in investment. This is the state’s highest mark in job creation in the last five years.

The news follows the passage of several bills in the General Assembly last year aimed at attracting and retaining jobs by enhancing Tennessee’s business climate. This included offering businesses more predictability and a way to quantify risk through tort reform. It also included new laws to improve education outcomes and a top to bottom review of the state’s business regulations with the goal of removing any unnecessary bureaucratic barriers which have stymied entrepreneurship.

"Implementing the Administration's economic development strategies is a privilege. Seeing them succeed is satisfying. Neighbors returning to work is a blessing," said Senate Majority Leader Mark Norris who sponsored most of the bills enhancing Tennessee's pro-business environment.

Governor Haslam has stated his mission is to develop strategies which help make Tennessee the No. 1 location in the Southeast for high quality jobs. The Governor and key staff have traveled the state to meet with more than 2,000 companies and over 700 economic development stakeholders.

“This is great news,” said Senate Republican Caucus Chairman Bill Ketron (R-Murfreesboro). “The Governor’s job’s team has worked very hard and should be commended for this success. We have also continued to focus on job creation through making Tennessee’s business environment welcoming to new jobs. This includes defeating job killer bills which have come before us over the past several years.”

The Governor’s Jobs4TN economic development plan, announced in April 2011, has focused efforts on key sectors where the state holds a unique competitive advantage; along with a renewed emphasis on assisting existing Tennessee companies that create the vast majority of all new jobs in the state. In addition, ECD was able to significantly lower the average cost of incentives per new job created compared to the previous decade. In 2011, the average incentive cost per job was $2,640 versus $5,586 for the years 2002-2010, a reduction of more than 50 percent.

To read more or download a copy of ECD’s 2011 Annual Report, please visit tn.gov/ecd/pdf/2011AnnualReport.pdf.

Judiciary Committee approves bill to make criminal acts conducted by appointed or elected public officials ineligible for judicial diversion

The Senate Judiciary Committee has unanimously approved legislation which makes state or local officials who have committed a crime during their term of office ineligible for consideration of either pre-trial or judicial diversion. Senate Bill 2566, sponsored by Senator Ken Yager (R-Harriman), simply adds a criminal offense committed by officials in the executive, legislative or judicial branch to the list of those which are ineligible for judicial diversion, if the crime was committed in their official capacity or involved the duties of their office.

Judicial diversion is a process in criminal law where a person pleads guilty to a crime and can later have the charge removed (or expunged) from their record following a period of probation. It is granted by the judge, hence its name “judicial.” A person is eligible for judicial diversion in Tennessee if the person does not have a previous class A misdemeanor, felony conviction, or never received diversion or had his or her record expunged before. Those charged with a class A felony, a class B felony, a sexual offense, or a DUI are not eligible for judicial diversion under state law.

“As officials, we ask for these jobs,” said Senator Yager. “The citizens who allow us to serve do not expect us to solve every problem, but they do expect us to exercise good judgment and to stay honest. We have all heard that adage that a public office is a public trust. Public officials must be held to a higher standard. The privilege of diversion should not be allowed to wipe the slate clean of an official who has disgraced himself during his or her tenure in office.”

Bill would provide Tennessee Highway Patrol, TBI and other state law enforcement officers death benefit currently provided to police officers

The Senate Judiciary Committee has approved legislation to extend a $25,000 death benefit currently provided to local police officers or sheriffs’ deputies to state employees engaged in the detection and prevention of crime. Senate Bill 2204, sponsored by Senate Majority Leader Mark Norris (R-Collierville), would provide a death benefit to Tennessee Highway Patrol, Tennessee Bureau of Investigation (TBI) agents, Tennessee Wildlife Resources Agency officers, Park Rangers employed by the Department of Conservation and Environment, and bomb and arson officers in the Department of Commerce and Insurance. The death benefit would apply to employees who are killed in the line of duty.

“This is a benefit I hope Tennessee never has to pay. We pray for the safety of all our officers,” said Senator Norris, “but we recognize the dangers that many of them face. History involving the death of officers while performing their duties proves the need for this benefit.”

State law currently limits the $25,000 death benefit to sheriff’s deputies or any police officer employed by a municipality whose primary responsibility is the prevention and detection of crime and apprehension of offenders. The bill simply adds law enforcement officers employed by the state to those covered under that law.

“We certainly need to make sure that the families of Tennessee’s law enforcement employees have the same death benefit currently provided to local police officers,” added Norris. “We have many brave officers who work for Tennessee. They need to know their families will be considered if they die in the line of duty."

Senate redistricting maps with “street-level” detail available online on General Assembly website

Tennessee’s new state Senate district maps with “street-level” detail have been released. The maps give the general public unprecedented access to the same information as county election officials regarding the new district lines. Using Google’s publicly available Maps application, the Office of Legislative Information Services has created a map that displays Tennessee’s new redistricting data in a clean, detailed and easy-to-use fashion. Citizens now have the ability to find their own district as well as explore districts statewide.

“The first Republican redistricting process was not just fair and legal -- it was also open and honest,” said Lt. Governor Ron Ramsey. “Technology has given us the opportunity to distribute information quickly, efficiently and with little cost to the taxpayer. The new districts belong to Tennessee citizens, so it is important for us to make the new maps widely available as soon as possible.”

In September, Lt. Governor Ramsey opened the redistricting process, soliciting map proposals from the general public. Any Tennessean with access to a computer and an internet connection had the ability to participate in the redistricting process.

The maps can be found at: http://www.capitol.tn.gov/districtmaps/redist.html

Issues in Brief

Meth Registry – The full Senate approved legislation to tighten a loophole in the state’s Meth Registry. Senate Bill 2190, sponsored by Senator Mae Beavers (R-Mt. Juliet), adds those convicted of promoting the manufacture of methamphetamine and those who initiated a process intended to result in the manufacture of meth to the state’s Registry. In addition, the legislation requires the Tennessee Bureau of Investigation (TBI) to collect a driver’s license number or another identification number from those listed on the Registry so innocent citizens with similar names and birthdates do not run into a roadblock when they purchase pseudoephedrine.

Multi-County Utility Districts -- Legislation which modernizes Tennessee’s Utility District Law of 1937 for multi-county utility districts has passed the General Assembly. Last year the General Assembly made changes in reporting requirements for Utility Districts as well as the method of selection of board members. Senate Bill 2170, sponsored by Senator Ken Yager (R-Harriman), changes the governance of 12 multi-county utility districts in Tennessee from self-appointing to mayoral appointment, which is the same system used for other utility districts across the state. Utility Boards are vital to the citizens of Tennessee, and their service includes providing the means to run water, sewer and gas lines.

TEAM ACT – The Senate Government Operations Committee has approved and sent to the State and Local Government Committee legislation that would update and reform the state’s antiquated employment system through the TEAM Act (Tennessee Excellence Accountability and Management Act). The Government Operations Committee was charged with reviewing the rulemaking authority proposed in the bill as other details will be debated in the State and Local Government Committee. Senate Bill 2246 creates a new Board of Appeals which would take the place of the current Civil Service Commission. The new Board would be the final step in a three-step appeals process to replace the current grievance process. The bill, proposed by Governor Bill Haslam and sponsored by Senator Jack Johnson (R-Franklin), is designed to simplify the hiring process, provide flexibility to retain and reward outstanding employees and streamline the appeals process for 34,000 career (civil service) employees.

Court of the Judiciary -- Members of the Senate Government Operations Committee sent legislation to the Judiciary Committee that would dissolve the Court of the Judiciary and create the Tennessee Board of Judicial Conduct. Senate Bill 2671, sponsored by Senator Mike Faulk (R-Church Hill), attempts to address the criticisms against the current board regarding the discipline of judges and is one of several bills pending in the legislature this year dealing with the Court. Faulk said the purpose of the bill is to “effectuate the General Assembly’s obligation under the state Constitution where it specifically provides that we are to remove judges for misconduct.” The composition of the Board of Judicial Conduct would be 16 members, 10 of whom are judges. The appointments would come from the Tennessee Judicial Conference, the Tennessee Conference of General Sessions Judges, the Tennessee Conference of Municipal Judges, and the Tennessee Conference of Juvenile Judges. In addition, the Speaker of the Senate, Speaker of the House and Governor would appoint two lay people to the proposed Board of Judicial Conduct, of which one of each of those appointments would be a practicing attorney. The purpose of the Committee is to review the rulemaking authority of the proposed board as further review of the bill’s details will be debated in the Senate Judiciary Committee.

Tennessee National Guard Day – March 3 would be declared “Tennessee National Guard Day” under legislation which met the approval of the Senate State and Local Government Committee this week. Senate Bill 2231, sponsored by Senator Dolores Gresham (R-Somerville) and Senate Majority Leader Mark Norris (R-Collierville), honors and recognizes Tennessee National Guard personnel each year on that date for their service and sacrifices in defense of our nation and for responding to domestic missions within the borders of our state.

Bill Names National Guard Armory for First Lt. William Eric Emmert -- The Tennessee National Guard Armory located at 2350 Armory Drive in Murfreesboro would be named the "First Lieutenant William Eric Emmert National Guard Armory" under legislation approved by the full Senate this week. Senate Bill 2159, sponsored by Senator Bill Ketron (R-Murfreesboro), honors First Lieutenant Emmert who was killed in the line of duty on February 24, 2009 while serving his country in Mosul, Iraq. Emmert was a cum laude graduate of Middle Tennessee State University and a veteran of the U.S. Army, where he served as a counter intelligence agent during tours of duty in Korea, Germany, and Cuba. He was also a Tennessee State Trooper in Lincoln County and a member of Governor Phil Bredesen’s security detail before joining the Tennessee Bureau of Investigation as a special agent in the Criminal Investigation Division.

Red Cedar / State Evergreen – The red cedar would be designated Tennessee’s official state evergreen tree under legislation which passed the Senate State and Local Government Committee this week. Senate Bill 2362, sponsored by Senator Mike Faulk (R-Church Hill), states the eastern red cedar is indigenous to the entire state of Tennessee and was one of the earliest landscape trees used by early pioneers of the state like Andrew Jackson at the Hermitage. Cedar Knob was the original name of the land upon which the state capitol was built in Nashville.

Name Change / Department of Mental Health and Substance Abuse Services – The Senate Health and Welfare Committee voted this week to changes the name of the Department of Mental Health to the Department of Mental Health and Substance Abuse Services. Senate Bill 2229, sponsored by Speaker Pro Tempore Bo Watson (R-Hixson), changes the name to reflect the services provided by the Department and its staff.

###

Capitol Hill Week: Lawmakers attack growing use of synthetic drugs in Tennessee

Thu, 26 Jan 2012 22:13:00 GMT

(NASHVILLE, TN), January 26, 2012 -- Major legislation attacking the growing problem of synthetic or “designer” drug abuse was approved by the Senate Judiciary Committee this week. The action comes as poison centers, hospitals and law enforcement officers in Tennessee report a sharp increase in the number of persons who have suffered harmful effects from using various synthetic drug products. Senate Bill 2172, sponsored by Senate Judiciary Chairman Mae Beavers (R-Mt. Juliet), increases penalties for those convicted of selling or producing synthetic drugs and defines it in such a way that manufacturers cannot skirt the law to avoid prosecution.

Synthetic drug products, which have become increasingly popular among teens and young adults, are sold at a variety of retail outlets like convenience stores, smoke shops and over the Internet. They commonly feature cartoon characters on package labels. Some law enforcement authorities have even said that due to the huge increase, the dangerous substance has the potential to eclipse methamphetamine as the most dangerous drug in Tennessee unless action is taken.

The products are sold under the guise of “bath salts” or “plant food” but are comprised of a class of chemicals perceived as mimics of cocaine, LSD and methamphetamine. The effects include impaired perception, reduced motor control, disorientation, extreme paranoia and violent episodes. Experts say the long-term physical and psychological effects of the drug are unknown but warn they could be severe.

“The General Assembly passed legislation to ban the chemical compound used in synthetic drugs; however, unscrupulous chemists manufacturing the drugs continue to modify molecules in the organic compound to avoid prosecution,” said Senator Beavers. “By the time a new synthetic drug is discovered and banned, another altered form of the compound has taken its place.”

The bill approved by the committee this week defines synthetic drugs in such a way as to capture any analogues. An analogue is a chemical compound having a similar structure to the banned drug. In determining if a synthetic drug is an “analogue controlled substance,” there are four law enforcement factors that must be considered and eight scientific factors which serve to define them. These include whether an analogue has a stimulant, depressant or hallucinogenic effect on the central nervous system. Another important factor is the price difference between the substance for sale and the actual price of the legitimate product which is described in packaging or marketing the product.

“For example, consumers can purchase approximately 10 pounds of actual bath salts or plant food for what one gram of a synthetic substance packaged as these products costs,” added Beavers. “The price differential also puts sellers on notice that what they might think is legal to sell may really be a controlled substance analogue.”

The legislation increases penalties for selling, manufacturing or possessing a synthetic drug or controlled substance analogue from a misdemeanor to a Class D felony. The penalties would increase to a Class C felony if it is a second or subsequent offense or if the analogue is sold to a minor. Simple possession of 1 gram or less would be a Class A misdemeanor under the bill as would representing something as a controlled substance analogue when it is not.

“We are very hopeful that the new definition will give clarity regarding what constitutes the illegal drug, while strengthening penalties will make certain that these substances are out of reach of Tennessee’s youth,” said Senator Beavers.

Meth Registry -- In similar action, the Senate Judiciary Committee approved legislation to tighten a loophole in the state’s Meth Registry. Senate Bill 2190, sponsored by Senator Beavers, adds those convicted of promoting the manufacture of methamphetamine and those who initiated a process intended to result in the manufacture of meth to the state’s Registry. In addition, the legislation requires the Tennessee Bureau of Investigation (TBI) to collect a driver’s license number or another identification number from those listed on the Registry so innocent citizens with similar names and birthdates do not run into a roadblock when they purchase pseudoephedrine.

Bills help teachers address student discipline

Two bills have been filed in the Tennessee General Assembly to give teachers more authority and protection in disciplining students. One proposal, Senate Bill 3122, would give teachers protection from civil liability when defending themselves or when they have to intervene in a physical altercation. The other measure, Senate Bill 3116, gives teachers basic rights to control their classroom and remove consistently disruptive or violent students.

“As I have listened to teachers, I have found they are afraid to even defend themselves if a student gets out of control for fear of liability,” said Senate Education Chairman Dolores Gresham (R-Somerville), sponsor of the bill. “This legislation ensures that teachers have this right so they do not have to fear being sued when defending themselves.”

Senate Bill 3116 requires local Boards of Educations to establish clearly a complete policy regarding a teacher’s ability to remove a student from the classroom and relocate the student to another educational location for the student’s safety or the safety of others. The bill allows the use of reasonable or justifiable force as long as it is done in accordance to school policy and Tennessee law. The bill also allows teachers to intervene in a physical altercation between two or more students or a student and another school employee if necessary to end the fight.

The legislation applies to altercations on school property, as well as at official school functions or sporting events. Under the proposal, the teacher must file a brief report with the principal regarding the situation and actions taken. The student would then be subject to additional disciplinary action that could include suspension or expulsion from school. Finally, the bill requires principals to support the authority of teachers who take such action if it is done in accordance with the proposed law and the school’s policies.

“I have also found in listening to teachers that many are at a disadvantage in being able to maintain discipline in the classroom due to rules on removal of consistently disruptive students,” added Gresham. “This not only hampers student progress, but puts teachers at a disadvantage in achieving their evaluative goals. It would be unfair to expect a fair evaluation when the teacher is not given the resources and support to control disruptive students. Senate Bill 3116 would give teachers the ability to manage their classrooms and even remove a student if it gets to the point where the behavior is persistently disruptive.”

“Teachers must have the authority to discipline students who are disorderly in order to maintain order in the classroom," added Gresham. “We will continue working with teacher organizations, school employees and other education stakeholders as we work to perfect the bill during the legislative process.”

Treasurer Lillard discusses need for strong Tennessee College Savings Plan

As college tuition rises, parents and students need to be financially prepared if Tennessee is going to reach its goal of increasing the number of post-secondary degrees says State Treasurer David Lillard. Treasurer Lillard spoke to the Senate Finance Committee regarding Tennessee’s 529 College Savings Account, which allows persons to contribute to an account established to pay a student’s qualified education expenses at an eligible educational institution.

As a Qualified Tuition Program under Section 529 of the Internal Revenue Code, withdrawals are federal income tax-free for college expenses such as tuition, books, some room and board expenses, and equipment and supplies at eligible educational institutions. Lillard is looking to market the benefits of the College Savings Account to students, parents, and business partners across the state, including placing information regarding the plan in the financial literacy curriculum taught in Tennessee schools.

Tennessee is currently 42nd in the nation in college attainment with an associate’s degree or bachelor’s degree. The state’s public agenda for higher education, implementing the Complete College Tennessee Act of 2010, sets the goal to increase annual degree production by 4 percent year-over-year by 2025 for Tennessee’s college attainment rate to equal the national average. To reach that goal, the number of degrees awarded must increase an additional 210,000 cumulatively by 2025.

“One of the things that has been observed about these programs is that if you establish an account, it sets an expectation that that child is going to college or do post secondary work,” said Lillard.

Lillard said student loans now total over $800 billion or 7 percent of all US mortgage and household debt nationwide. Tennessee student debt is approximately $812 million.

“College savings is key to reducing excessive student loan debt,” Lillard added.

“It is important that we have a strong college savings program to help meet the state’s ambitious college attainment goals,” said Senate Republican Caucus Chairman Bill Ketron, who is a member of the Senate Finance Committee. “It is also key to achieving a Tennessee workforce with 21st century jobs skills, which will help our students compete in a very competitive global economy.”

The Treasurer is planning improvements which will feature such items as electronic transfer and direct deposit from multiple sources; flexible investment options; including self-selection; target date options based on when funds will be needed for college; and an FDIC insured and risk-based options. The Tennessee Treasurer’s office is also working on versatile web-based applications to provide for a variety of services for consumers.

Local Government / Retirement for New Hires -- Lillard also briefed Finance Committee members on several new retirement options for local governments to consider for new hires. Lillard stressed that none of the suggested changes would affect K-12 teachers, state employees or higher education employees who are covered under the Tennessee Consolidated Retirement System (TCRS).
The options presented were:
• local governments may take no action and remain in the current TCRS defined benefit pension plan with retirement generally at 30 years of service or age 60;
• local governments may adopt a TCRS defined benefit pension plan with an annual service accrual rate of 1.4%, with an increase in retirement age, limits on cost of living adjustments, a cap on maximum allowed benefits and a revised employee contribution structure;
• local governments may adopt a TCRS defined benefit pension plan with an annual service accrual rate of 1% to offer reduced pension benefits, but with a supplemental deferred compensation program; or,
• local governments may decide to offer only a deferred compensation program as a standalone option.

Lillard said the proposals were developed following open meetings held throughout Tennessee with more than 200 local government representatives last fall. For a copy of the local government pension option proposals and other documents go to http://treasury.tn.gov/tcrs and look at the tab titled “Proposed Plans for Local Gov’t.

Tennessee STEM Education Caucus kicks off inaugural meeting

The General Assembly’s new STEM Education Caucus met this week to begin the work on expanding the teaching and learning of science, technology, engineering and mathematics education in K-12 public schools across Tennessee. Caucus Chairman Jim Tracy (R-Shelbyville) told members and guests the 20 fastest growing professions require math and science preparation.

“We want to be a leading beacon in STEM education,” said Tracy. “We can work much faster at the state level than at the federal level to improve education in these subject areas. We know if we improve our education level, we can help young Tennesseans go out in the workplace and succeed.”

Eric Fingerhut, former Congressman, Chancellor of the Ohio Board of Regents and current Vice President for Education and STEM Learning at Battelle, told Caucus members Tennessee is leading a multi-state effort to improve learning opportunities because of the important work they have done to promote STEM education.

Eleven states, including Tennessee, have formed innovation networks to share best practices in STEM education. Battelle has partnered with Tennessee in the Tennessee STEM Innovation Network to expand educational opportunities and outcomes and to create new STEM teaching and learning models that can be shared with the rest of the country. Established as a project within the Tennessee Department of Education, the Network conducts various STEM educational activities in coordination with local education agencies including teacher professional development and curriculum development.

“Where the rubber meets the road is in the states,” said Fingerhut. “That is where this problem is going to be tackled and solved.” Fingerhut added, “When we live in times of high unemployment, we know the reason this occurs is because we don’t have the skill set for our young people to do these jobs.”

Issues in Brief

CPR / Education – The full Senate has approved legislation calling for schools to include hands-on practice in cardiopulmonary resuscitation (CPR) programs. The current wellness curriculum in schools require CPR training. Senate Bill 1680, sponsored by Senator Jim Tracy (R-Shelbyville), ensures that this training includes hands-on practice as well. The training for CPR is often provided by local emergency personnel who give demonstrations for the students and the opportunity to practice the life-saving skill. The bill now goes to the House of Representatives for consideration.

Supreme Court Justices -- Tennessee Gov. Bill Haslam, Lt.Gov. Ron Ramsey (R-Blountville) and House Speaker Beth Harwell (R-Nashville) announced their support this week for a resolution to amend the Tennessee Constitution to continue the system currently being used to elect the state’s Supreme Court Justices. That system is based on nomination of the state’s supreme and appellate court judges by a nominating commission, with appointment by the Governor. The judges are either retained or replaced by Tennessee voters through a retention election. The Governor said the action is needed to ensure it is constitutionally correct.

Fuel Cell Technology -- Dr. Henry McDonald, Chair of Excellence and Computational Engineering at the University of Tennessee at Chattanooga, spoke to members of the Senate Energy and Environment Committee this week about their efforts to promote fuel cell technology. The SimCenter at the University provides state-of-the-art degree programs in both content and equipment in the M.S. and Ph.D. programs. The Center integrates research and education to establish next generation technologies in computational modeling, simulation, and design in support of such areas as defense, sustainable energy, environment, and health.

Financial Literacy Commission – Members of the Senate Government Operations Committee voted this week to extend the Tennessee Financial Literacy Commission until 2017. The Commission was created by the General Assembly in 2010 and is housed in the Treasurer’s office. The Commission’s key goal is to have financial literacy education, including college savings, in every elementary classroom in Tennessee. Senate Bill 2326, sponsored by Senator Mike Bell (R-Riceville), would extend the Commission as it works to increase financial literacy awareness, including college savings, through teachers, parents and grandparents of elementary school aged children.

Child transportation safety -- Members of the Senate Transportation Committee heard a presentation from Vanderbilt University Medical Center this week regarding child transportation safety and transporting children with special healthcare needs. Tennessee is now graded an “A” by Safe Kids Worldwide, scoring a 90 out of 100 points on the strength of our current child restraint law. Tennessee requires children through age 8 required to be in an appropriate child restraint. There are still improvements which could be made as the Center reports that 82 percent of drivers had chosen the appropriate type of restraint but only 27 percent of restraints were being used properly. The Center also reports that 24 percent of households in Tennessee have 1 or more children with special health care needs. The Center assists families in fitting these children with car seats to conform to their needs and provide safety while traveling.

Autism -- The number of children diagnosed with autism spectrum disorders (ASDs) has steadily increased over the last two decades according to a report delivered by Joseph Woodson, Associate Legislative Research Analyst in the Comptrollers Office of Education Accountability. Woodson gave lawmakers a report which provided a list of public policy considerations, including the fact that no comprehensive record is collected on methods of training and supports for autism students for local education agencies statewide. The report said the needs of each child with autism are unique and suggested that educational interventions be individualized. The report in its entirety will be available on the Comptroller’s website upon finalization.

###

Capitol Hill Week: Teacher evaluation system, state's meth law and Tennessee's health status headlines week

Thu, 19 Jan 2012 22:13:00 GMT

(NASHVILLE, TN), January 19, 2012 -- It was a busy week on Capitol Hill as lawmakers prepared and finalized their legislation in anticipation of the General Assembly’s January 26 bill deadline. In addition, Senate committees heard testimony on a number of important state matters and debated several bills as the second week of the 2012 legislative session has concluded.

Teacher Evaluation System debated in Senate Education Committee

The Senate Education Committee heard testimony regarding legislation that would give the State Board of Education the option to allow principals and teachers producing superior student growth to use those scores to comprise 50 percent or more of their evaluations. Senate Bill 2165 would change the present system where students’ value added growth is 35 percent of a teacher’s evaluation score, with another 15 percent tied to some other measure agreed upon by the teacher and his/her supervisor to evaluate student achievement. A vote on the bill was deferred as discussion on the plan continues.

“This bill gives the State Board of Education another tool in the toolbox as the state continues the ongoing comprehensive review of this evaluation system,” said Senator Mike Faulk (R-Church Hill), sponsor of the bill. “It is based on the simple proposition of emulate rather than evaluate. If the Board finds it is both reasonable and beneficial for achieving student growth, principals and teachers could then choose to use it as their whole score. In doing so, it would free teachers with superior student growth from the evaluation system.”

Reforming the state’s teacher evaluation process was an important part of Tennessee’s receiving $500 million in federal Race to the Top funds, which was based on four pillars: enhancing standards and assessments, improving the collection and use of data, increasing teacher effectiveness, and turning around struggling schools. The changes to the evaluation system were made during the administration of former Governor Phil Bredesen and approved by the Legislature in January 2010. The new evaluation process was designed by teachers and other education practitioners, who were integral in designing the evaluative tools.

Last fall, the Department of Education provided flexibility in the plan and agreed to conduct a review of the program. In December, Governor Haslam announced there will be both an external and internal review of the new teacher evaluation system. He has charged the State Collaborative on Reforming Education (SCORE) with conducting an independent, third-party evaluation and has asked the state Department of Education to formalize a review process, which the department has already begun. The Department of Education anticipates making modifications to the evaluation system after the reviews are complete.

In addition, a resolution sponsored by Senator Jim Tracy (R-Shelbyville) has been proposed urging the department to “follow through and fulfill its publicly stated plan to provide multiple opportunities for feedback and future revision” of the evaluations.

“I know that the classroom teacher is the most important factor in boosting student achievement,” said Senator Tracy. “Therefore, the teacher evaluation process must be the best system possible in order to ensure it is both fair and productive to increasing teacher effectiveness.”

Expect discussions on the new evaluation system to continue in the Education Committee during the 2012 legislative session.

Meth bill tightens loophole in the state’s Registry

The Senate Judiciary Committee debated legislation this week that tightens a loophole in the state’s Meth Registry. Senate Bill 2190 adds those convicted of promoting the manufacture of methamphetamine and those who initiated a process intended to result in the manufacture of meth to the state’s Registry. In addition, the legislation requires the Tennessee Bureau of Investigation (TBI) to collect an identification number from those listed on the Registry so innocent citizens with similar names and birthdates do not run into a roadblock when they purchase pseudoephedrine.

Methamphetamine is a powerfully addictive and illegal stimulant commonly known on the street as "Meth," "Speed," or "Crank.” The highly addictive drug can cause serious irreversible damage to the body of the user. It can also cause severe damage to the environment due to the toxic chemicals used in “cooking” meth. Tennessee reported 2,082 meth lab incidents in 2010, which is up 41 percent from the previous year.

The state’s Meth Registry was created by the General Assembly in 2005. Currently, 2,800 people are listed on the registry with 100 newly convicted persons added each month. That number, however, is expected to rise rapidly as a result of the “I Hate Meth Law” passed by the legislature last year. The law went into effect on January 1.

“One of the strongest aspects of the new law was that meth offenders would be banned from purchasing pseudoephedrine products for the entire seven years that they are listed on the Meth Offender Registry,” said Senator Mae Beavers (R-Mt. Juliet), sponsor of the measure. “However, we have discovered that Tennessee law does not require some meth offenders to be on the Registry. This bill addresses this problem so all persons convicted of meth crimes will be on the Registry and banned from purchasing the precursors used in the manufacture of this drug.”

A vote on the bill was deferred until next week as lawmakers continue to look for the best identification method to ensure that innocent citizens who share the same name or birth date as an offender will not be denied purchases under the NPLEX system.

Tennessee’s finances are sound says State Comptroller Justin Wilson

Tennessee is in “good sound fiscal condition” according to State Comptroller Justin Wilson, who appeared before the Senate Finance Committee this week to deliver his “State of Fiscal Affairs” report. Wilson cited a balanced budget, low debt, a sound retirement plan, manageable retiree benefits, and a solvent unemployment trust fund as reasons that the state’s finances are in good shape.

“Not many states can say that,” Wilson said. “This is a good place to be.” He attributed the “willingness of the General Assembly to enact budgets that have forgone, reduced or eliminated expenses and services,” as another reason for Tennessee’s good financial standing.

Tennessee’s budget is nearly $32 billion, of which $11 billion is derived from state taxes and approximately $13 billion from federal revenue. Wilson said the uncertainty in Washington regarding federal budget cuts leaves effects to state budgets largely unknown. Governor Bill Haslam has made contingency plans to ensure that the state can operate efficiently if drastic federal cuts are made. Local governments have also been advised to plan for reduced funding scenarios if they depend heavily on state and federal funds.

Wilson said the General Assembly must continue to reduce expenses, and the administration should increase the efficiency of state government operations in anticipation of the tough financial challenges Tennessee is likely to face in the future.

“Projected increases in state programs are growing faster than optimistic revenue increases that we project,” Wilson said. “The cost of items like the state insurance plan, TennCare, and required pension costs are rising faster than optimistic revenue expectations.” This is in addition to any future legislative initiatives in which the General Assembly may want to enact that requires new spending, according to Wilson.

Tennessee’s Basic Education Plan (BEP) consumes about $3.8 billion, or 37 percent
of state tax revenue, according to the report. Wilson recommended a review of the formula to make it more transparent, verifiable and understandable. “In its current state, the BEP is none of these,” added Wilson.

“As we continue to implement and evaluate education reform programs, we should focus on the integrity of the funding process,” said Wilson.

Future financial challenges cited in the Comptroller’s report to the Committee include:
• Continuing to reduce expenses and create efficiencies;
• Funding increases already projected and planning for federal mandates, such as President Obama’s healthcare plan;
• Making capital improvements and rebuilding the state’s reserves;
• Maintaining strong credit ratings and a manageable state debt; and,
• Improving financial reporting.

Several of the state’s financial reporting software and computer operating systems that were put into place under previous administrations have been plagued with implementation issues, delays and other problems, including the Edison and TRUST systems. The TRUST system is used by the Department of Revenue, while Edison is the state’s computerized payroll and accounting system.

Senate Majority Leader Mark Norris took note of the irony regarding the state's flawed software system named TRUST. Norris is sponsoring legislation creating a new gift certificate program authorizing the sale of $35 gift vouchers for cultural and specialty earmarked license plates. He postponed action on Senate Bill 353 last year due to the flawed system.

"It should be easy for folks to write checks to the state for plates that more than pay for themselves and add revenue to the coffers,” said Leader Norris. “But we can't trust TRUST."

The specialty license plate program generates in excess of $4.5 million annually for the Tennessee Arts Commission which is the lead agency championing Tennessee's cultural heritage and presentation of performing, visual and literary arts. Seventy six percent of its budget is funded by the specialty plate program.

Tennessee sees substantial gains in improved health status

Dr. Randy Wykoff, Dean of East Tennessee State University’s College of Public Health, spoke to the Senate Health and Welfare Committee regarding recent gains made in the state’s overall health ranking. Tennessee, which was once 49th in the nation, has improved ten points and is now ranked 39th in its overall health status. The state was ranked 42nd last year.

“This is great news,” said Senate Health and Welfare Committee Chairman Rusty Crowe. “Moving up ten places from a national perspective is quite an accomplishment; however, we do still have much work before us to move into the top ratings nationally.”

The report, conducted by the nonprofit United Health Foundation, cited improvements in the state’s rates regarding smoking and infant mortality, as well as a drop in violent crime for the consistent progress made by the state.

“What we have seen since 2006 is consistent improvement in Tennessee,” said Wykoff. “Thirty-ninth is still not acceptable. We have important opportunities for us to improve.”

Wykoff said Tennessee must reach out to the general public to educate them about public health, starting with teaching children about good habits. He also recommended educating the business community about how healthier habits among their employees impact their bottom line through productivity. He said education in the faith-based community also increases opportunities to improve health outcomes in the state.

One of the greatest challenges facing Tennessee is a high prevalence of obesity and diabetes. Over the past 10 years, obesity increased from 22.9 percent to 31.7 percent of adults. In addition, Tennessee ranks 44th in its rate of cardiovascular death and 46th in cancer. Wykoff said the state needs to explore ways to increase health screenings to address these health problems.

Wykoff urged lawmakers to continue economic development efforts, as there is a “huge life expectancy (gap) based on income.”

“If we want to improve health we must focus on economic development,” he said.

Senate Energy and Environment Committee hears State Park Update

The Senate Energy and Environment Committee received an update on Tennessee’s state parks system from Department of Environment Commissioner Bob Martineau and Deputy Commissioner Brock Hill. The state has 53 state parks with more than 30 million visits annually. The annual economic impact of the state park system is estimated at $725,000 million and includes support for 12,000 jobs across Tennessee. The state park system also has 6 inns, 4 marinas, 8 restaurants, 9 golf courses, 366 cabins, 3,000 campsites and 1,200 miles of trails.

“Our state park system has a large economic impact on Tennessee, particularly the rural communities where they are located,” said Senate Energy and Environment Committee Chairman Steve Southerland. “They are also of great value to the many citizens who visit these parks every year.”

The Department is focusing on increasing opportunities for economic growth by taking advantage of Tennessee’s unique natural, cultural and historical resources. This includes investing in high volume margin assets like campsites. They also plan to increase management accountability and improve their online presence in marketing, social media, reservations and transactions.

Committee members also enjoyed watching the Harrison Bay State Park “eagle cam” which was recently installed along the shores of Chickamauga Lake. Wildlife enthusiasts watched a pair of bald eagles build a nest and raise a family on the park’s Bear Trace Golf Course last winter. The eagles have returned to the nest again this year where the Internet camera has been installed. Citizens can view the eagles at: http://www.harrisonbayeaglecam.org/

Issues in Brief

CPR / Education – The Senate Education Committee has approved legislation calling for schools to include hands-on practice in cardiopulmonary resuscitation (CPR) programs. The current wellness curriculum in schools require CPR training. Senate Bill 1680, sponsored by Senator Jim Tracy (R-Shelbyville), ensures that this training includes hands-on practice as well. The training for CPR is often provided by local emergency personnel who give demonstrations for the students and the opportunity to practice the life-saving skill.

Economic Development -- The Tennessee Department of Economic and Community Development announced that Commissioner Bill Hagerty will lead ECD’s trade mission to China and South Korea April 15-21, 2012, that will focus on Tennessee’s medical device manufacturers and other health care companies. Applications are available at http://www.tn.gov/ecd/tntrade/trademission, along with a video explaining the trade mission. The deadline for companies to apply is Feb. 1. The trade mission is part of the recently announced TNTrade, a new initiative designed to help boost exports by Tennessee’s small- and medium-sized businesses.

###

Budget and jobs headline 2012 legislative agenda/Legislature adopts plan for House, Senate and Congressional Districts

Fri, 13 Jan 2012 21:27:00 GMT

(NASHVILLE, TN), January 13, 2012 – The second session of the 107th General Assembly began on Tuesday, January 10, with a full array of issues on tap for 2012. Tennessee’s budget and job creation, however, will be the predominant drivers for legislative action. Evidence of this came as Governor Bill Haslam’s announced an aggressive legislative package this week. The Governor’s priorities include proposals designed to move Tennessee forward as the number one location in the Southeast for creation of high quality jobs through economic development efforts, meaningful education reform, a more efficient and effective state government, and improved public safety.

Redistricting -- The legislature wasted no time in getting down to business as lawmakers passed redistricting plans for the Tennessee Senate, House of Representatives and U.S. Congress. It is an arduous task that is required every 10 years after the census is completed. Early passage of the redistricting plans was designed to give potential candidates sufficient time to review district lines before the April 5 filing deadline.

The purpose of redistricting is to assure citizens equal representation. This right is rooted in both the federal and state constitutions and has been repeatedly ruled upon by the courts over the years, setting additional standards that must be followed regarding minority district representation. The most famous of these rulings is the landmark U.S. Supreme Court decision in the Baker v. Carr case, which laid the foundation for the "one man - one vote” standard required in redistricting nationwide.

In September, Lt. Governor Ron Ramsey invited State Senators, as well as members of the public, to submit plans regarding district lines. Information was posted on the General Assembly’s website regarding the court and constitutional requirements. Only one congressional proposal, however, was submitted to the working group that drew a concept map that preceded the legislation submitted. Committee meetings regarding the redistricting legislation were open to the public and video streamed live.

Speaking on the Senate Districts Plan, Senate Majority Leader Mark Norris said, “What we are required to do is to make a good faith effort to be fair and legal. The objective in exercising that good faith is to come up with 33 single-member, contiguous districts that comply with the State Constitution, the federal Constitution and the Voting Rights Act. That is why this is so difficult. We are balancing those competing interests.”

Norris sponsored all three of the redistricting bills in the State Senate. The final vote on the Senate redistricting bill was a bi-partisan 21 to 12 for passage.

Tennessee has a total population of 6.34 million citizens (up from 5.6 million in 2000), making the number of citizens per district to strive for 192,306 for each of the 33 State Senate districts and 64,102 for each of the 99 districts in the House of Representatives. The U.S. Congressional districts are simply divided by 9 among the state's total population for an ideal number of 705,123 citizens in each district.

The plans can be viewed on the General Assembly’s website at: http://www.capitol.tn.gov/senate/redist/redistricting.html

Under Democrat majorities, every redistricting plan constructed landed in court and was thrown out as unconstitutional – in 1972, 1976, 1982 and 1992. Only the 2002 plan went unchallenged, but has since been called vulnerable to court challenge.

Governor Haslam’s Legislative Priorities Include Lowering Taxes on Food and Decedents Estates

Among Governor Haslam’s 2012 priorities is a proposal to reduce the state portion of the sales tax on grocery food from 5.5 percent to 5.3 percent, with the goal of lowering it to 5.0 percent in three years. The reduction of sales tax on food has been a goal of Republicans in the General Assembly for many years.

“I am very pleased to see this proposal included in the Governor’s legislative package,” said Senate Judiciary Chairman Mae Beavers (R-Mt. Juliet), who has sponsored legislation to phase out the sales tax on food for more than a decade. “I support efforts to bring tax relief to Tennessee families and senior citizens through the reduction of sales tax on groceries and hope that we can eliminate it in the near future.”

In addition, the Governor adopted another Republican initiative to lower or phase out the estate tax, which is commonly referred to as the “death tax.” The Governor’s plan raises the exemption level to $1.25 million this year with the objective of reaching a $5 million level in subsequent years.

Currently, the tax applies to estates worth more than $1 million. Tennessee has a high inheritance tax which ranges from 5.5 percent to 9.5 percent, as compared to its neighbors.

“Retirees have told us that the death tax is a key reason for them relocating outside Tennessee,” said Senate Republican Caucus Chairman Bill Ketron (R-Murfreesboro). “The inheritance tax places a heavy financial burden on family farms and family businesses. This has been one of my priorities for many years as it and the Hall tax have hampered Tennessee’s opportunities. I am very pleased that the Governor has made this step forward to address tax relief and to make Tennessee more attractive economically.”

Prescription Drug Abuse – Another key legislative priority for 2012 is curbing prescription drug abuse. Tennessee ranks second in the nation in regard to the overutilization of prescription pain medications. Governor Haslam’s legislative package addresses prescription drug abuse by utilizing the state’s Controlled Substance Monitoring Database system more effectively and ensuring that healthcare professionals tap into the system when prescribing certain scheduled drugs.

The General Assembly passed legislation during the 2011 legislative session cracking down on prescription drug abuse at pain clinics in Tennessee. That law required the Department of Health, in concert with the doctors, nurses and physician assistants, to establish rules to govern the operation of clinics, including personnel, patient records, data collection and reporting, inspections, health and safety requirements and patient billing.

“It is important that we continue to take steps to address this huge health and public safety issue in our state,” said Senate State and Local Government Committee Chairman Ken Yager (R-Harriman), sponsor of the legislation. “This is a problem that has touched every Tennessee family.”

Statistics from the Tennessee Drug Diversion Task Force show that 56 percent of patients who receive opioid prescriptions have filled another opioid prescription within the previous 30 days. Young adults ages 18 to 25 have the highest annual rates of prescription drug abuse.

Other proposals in the Governor’s package include:
• A plan to enhance the Department of Economic and Community Development’s FastTrack program by budgeting more for the grants and giving the department more flexibility in utilizing them to attract and grow Tennessee jobs.
• Gives local school districts more options in how they approach classroom instruction and teacher compensation
• Outlines Tennessee specific goals for measuring progress to replace the federal measurements as part of the state’s No Child Left Behind waiver request and better defines the scope and focus of the Achievement School District in supporting Tennessee’s lowest performing schools.
• Restructures 22 state boards and commissions to eliminate duplicative functions and provide more accountability and oversight of the agencies, which is the first step of an ongoing comprehensive review process.
• Imposes tougher sentences for certain types of gang-related crimes
• Proposes tougher sentences for gun possession by those with prior violent felony convictions
• Mandates incarceration time for repeat domestic violence offenders

"I am excited to work with Gov. Haslam to move Tennessee forward towards more jobs, less spending and smaller government,” said Lt. Governor Ron Ramsey. “The governor has chosen his priorities well. This is a solid agenda that our unified Republican majority can proudly stand behind."

Higher than Expected Revenues Help with Budget Challenges

With Tennessee facing significant budget challenges, the state received good news this week regarding state revenues. For the eighth consecutive month, Tennessee’s growth rate has been 5.0 percent or higher. December collections were $123.2 million more than the budgeted estimate.

Year-to-date collections for the first five months of the 2011-2012 fiscal year were $194.2 million more than the budgeted estimate. In December, the state’s Funding Board issued new revenue estimates for the 2011-12 fiscal year to be within the range of 3.9 percent to 4.21 percent overall, with growth of 4.2 percent to 4.58 percent in the general fund. The outlook would generate $177 million to $209 million above the Board’s previous estimates and would help soften the blow of more drastic cuts to the state’s budget.

Although the revenue increase is promising, it is important to note that the state is still not back to pre-recession 2008 collection levels on sales taxes.

Tennessee has worked hard to ‘resize’ state programs and services to reflect a much smaller budget, especially with the uncertainty of potential cuts from Washington. The General Assembly has cut $1.521 million from its budget in total reductions since the 2008-09 fiscal year. In the previous three years, Tennessee had already reduced discretionary spending by 21 percent.

Governor Haslam is expected to present his budget to the legislature at the end of the month, and State Senators will begin hearings on details of the plan the first week of February.

Tennessee’s New Achievement School District Superintendent Talks to Lawmakers about Efforts to Raise Student Outcomes

The Senate Education Committee heard testimony this week from Chris Barbic, Tennessee’s Achievement School District Superintendent. Barbic heads the state’s groundbreaking efforts to turn around the state’s lowest performing schools in order to ensure that all Tennessee students have the chance to receive a high quality public education that will prepare them to be college and career-ready.

Barbic said the Department of Education will begin work by taking in and co-managing six schools under the Achievement School District (ASD) with expansion to 35 schools by year three. Some of the schools will be converted to charter schools or non-profit organizations that will operate under the accountability measures set by the ASD. The goal is to move those schools in the bottom five percent to the top 25 percent in five years.

“We are going after something bold, but we believe that’s what the communities, kids and parents in these communities deserve,” said Barbic.

The Department of Education filed two waiver requests from the No Child Left Behind (NCLB) regulations. One of these is to redefine what constitutes a “failing school” under NCLB in Tennessee. The proposal would define them as those schools in the bottom fifth percentile. There are 85 of 1,700 schools in Tennessee that would meet that definition, most of which are high schools. Sixty-nine of those schools are in Memphis, nine in Davidson County and seven in Hamilton County.

The ASD advocates a community transformation strategy to turn the schools around that begins with feeder schools to address the problem early in a child’s educational development. They also plan a “wraparound” service to provide help outside of school.

“This is not just a school problem,” added Barbic. “This is a community problem. If we are going to attack it meaningfully, we have to attack it that way.”

“I am enthusiastic about the potential for positive change,” said Senate Education Committee Chairman Dolores Gresham. “These are exciting times for teachers, students and parents!”

AAA Commends Legislature for its Work on Road Safety

Tennessee has made significant progress in 2011 by addressing some of the most pressing road safety concerns according to representatives of the AAA Auto Clubs of Tennessee who testified in the Senate Transportation Committee this week. Don Lindsey of AAA east Tennessee and Tim Wright of the AAA Auto Club South said, “You can be proud of the part you played in making Tennessee roads safer than in 2010.”

Lindsey said there were 946 fatalities in 2011, which is the lowest statistic in 48 years. The number represents a nine percent reduction in fatalities. Six of the 10 counties with the highest number of fatal crashes saw reductions last year.

“I was very pleased that AAA State of Safety Report showed we have made great progress in making our streets safer,” said Senate Transportation Committee Chairman Jim Tracy (R-Shelbyville). “We still have much work to do, but we are moving in the right direction.”

Seat belt use is now at 87.4 percent according to the group. There is still much concern regarding fatalities involving teen drivers, however, which increased in 2011 by 3.5 percent. Lindsey said the graduated driving license system, ban on texting and seatbelt use will help to decrease the number of lives lost on Tennessee roadways.

Tennessee crashes involving cell phone or two-way radio use saw an increase of almost 90 percent during the last five years. In December, the National Transportation Safety Board released a recommendation for states to enact laws banning wireless device use for all drivers. AAA claims that polls show that three in five Tennessee voters support a law restricting cell phone usage to just hands-free devices while driving (61 percent).

On impaired driving, AAA reports 283 people died in Tennessee traffic crashes involving a driver with a blood alcohol concentration of .08 or higher. Their polls reflect that almost three-fourths of Tennessee voters favor an Administrative License Revocation System (ALR).

Finally, AAA reported that federal funding for roads in states is still uncertain as Congress is now considering the eighth extension of SAFETEA-LU. The road program is scheduled to end on March 31. The U.S. Senate has advanced a bill reauthorizing the nation’s surface transportation system for two years with action expected in early 2012. The U.S. House leadership has pledged to move a multi-year reauthorization bill in early 2012.

Issues in Brief

Tennessee tops states for business – “Tennessee’s low cost of living, fourth lowest state and local tax burden and manageable budget gap places it first in this year’s tax and regulation rankings,” according to the U.S. Chamber of Commerce report “Enterprising States 2011.” The report said, “The home state of country music and Elvis’ Graceland has long been known for its business-friendly legislature and for how its Commissioners of Economic Development and Revenue work together to make this ‘no surprises’ regulatory policy possible.”

THEC -- The Senate Education Committee heard testimony from Tennessee Higher Education Commission’s (THEC’s) Rich Rhoda regarding the capital funding formula for higher education. THEC has recommended a $2.1 billion five-year plan, of which $1.8 billion would be derived from state funds. They have recommended three outlay projects totaling $245 million, of which $205 million would be derived from state funds for the 2012-13 budget year and 55 maintenance projects totaling $84 million, for a combined total of $289 million. Higher education has 58 million square feet of space in 2,200 buildings statewide. The ambitious proposal has been sent to Governor Bill Haslam who will consider the matter as he unveils his 2012-2013 budget.

STEM – The General Assembly’s first Science, Technology, Engineering and Math (STEM) Caucus will meet on January 23. The Education Caucus, which will be chaired by Senator Jim Tracy (R-Murfreesboro) will study how to promote proficiency in these subject areas in Tennessee schools. Statistics show that students who perform better in math and science in elementary school have greater success in graduating from high school and college. The Caucus is the first of its kind nationwide. By 2014, three-fourths of the fastest growing occupations in the U.S. will be in fields that require proficient math or science skills. Tennessee must prepare students to compete successfully for these jobs.

###

Capitol Hill Week: Legislature passes State Budget, Hall Tax Relief for Seniors and Major Charter Schools Bill before Adjourning 2011 Legislative Session

Fri, 10 Jun 2011 16:35:00 GMT

(NASHVILLE, TN), May 21, 2011 – The Tennessee General Assembly has concluded the 2011 legislative session with passage of a major charter schools bill, several bills cracking down on crime, and legislation to allow HOPE scholars to take summer classes to complete their degree sooner. It was passage of the state budget, however, that dominated much of the last week of legislative debate

The May 21 adjournment date is one of the earliest completion dates for a legislative session in the last decade.

Budget -- The budget represents an overall 3.7 percent decrease from the $32 billion budget adopted last year. It maintains essential government services by focusing reductions in administrative areas to minimize any impact felt by Tennessee taxpayers. It continues the commitment to education by fully funding the Basic Education Program, provides Hall Tax relief for seniors, and does not increase taxes on Tennesseans.

"I am proud to have carried this budget for the Governor,” said Senate Majority Leader Mark Norris (R-Collierville). “It was a complex process, but we never allowed complexity to outweigh common sense. The budget is balanced. Overall spending is reduced. Some taxes have been lowered.”

"We do more with less. We increase investments in education, law enforcement, health and economic development while reducing the size of state government,” Norris added.
"In a year of historic reforms in education, civil justice, and workers' compensation, this budget sets the stage for unprecedented economic growth and prosperity in Tennessee. The future is bright."

The budget, which is based on a realistically conservative 3.7 percent revenue growth, includes $82.2 million in specific recurring reductions which are necessary as part of the multi-year budget plan to bring the budget back into balance.

The budget legislation contains the following highlights:
• Supports economic development and the opportunity for nearly $5 billion in new investment and more than 5,000 jobs
• Fully funds the Basic Education Program
• Provides a salary increase for state employees, teachers and higher education for the first time in four years
• For the first time in three years, the state will add to the Rainy Day Fund (which is essentially the state’s savings account) and not reduce the reserves
• For the first time in three years, the budget is balanced on a recurring to non-recurring basis
• Fully funds the inflationary costs for TennCare and CoverKids
• Fully restores the Agriculture Enhancement Program
• Allocates $71.3 million in state funding to assist with Disaster Relief Grants, as well as $9 million for sales tax relief from disaster-related recovery expenses
• Provides $1 million for Hall Income Tax relief for eligible seniors 65 years of age and older
• Allocates money to give HOPE scholars the ability to utilize their scholarships during summer school
• Provides $100 million in capital outlay funds for higher education capital projects and maintenance
• Anticipates that additional funding may become available based on money owed to Tennessee for Medicaid overcharge from the federal government, which if received will be used to delay certain reductions in TennCare

“The budget represents a multi-year strategy to lower the size of government by making thoughtful reductions in all areas of state government,” Norris added. “Tennessee is in better economic condition than most states, many of whom are struggling to stay afloat amid huge budget deficits.”

“Overall, our General Assembly has worked cooperatively in a very efficient and effective manner, finished our business on time, and passed a number of major initiatives to help create a business climate to attract new and better paying jobs.”

Hall Tax Relief -- The budget contains funding to protect seniors’ retirement savings by raising the standard exemption on the Hall Tax for Tennesseans age 65 and older. The budget action funds Senate Bill 261 sponsored by Lt. Governor Ron Ramsey (R-Blountville) and Senator Ken Yager (R-Harriman) to raise the exemption levels to allow more senior citizens to qualify for relief from the tax.

The Hall Tax is a six percent tax on income from dividends and interest on certain investments. Of the individuals who pay the Hall Tax, 48 percent are age 65 and older. The exemption has not been revised in over a decade.

Currently, persons over 65 with total income less than $16,200 for a single filer or $27,000 for a joint filer are exempt. This legislation increases, beginning with tax year 2012, the annual Hall Income Tax standard income exemption for taxpayers 65 years of age or older from $16,200 to $26,200 for single filers and from $27,000 to $37,000 for joint filers.

“We tell middle class folks to save and invest for their retirement and then we punish them for it by taxing their nest egg,” said Ramsey. “Working men and women of modest means who have saved wisely should not have to see their hard-earned dollars taxed. This exemption will aid middle class people who live modestly get a break on their hard earned savings.”

Passage of Major Charter Schools Legislation Highlights Close of 2011 Legislative Session

The General Assembly approved major legislation, before adjourning the 2011 legislative session, to create an environment that promotes the growth of high quality public charter schools in Tennessee. The bill is sponsored by Senate Speaker Pro Tempore Jamie Woodson (R-Knoxville) and was one of three education reform measures proposed by Governor Bill Haslam to improve student achievement by giving students the resources and opportunities they need to succeed in an increasingly competitive global economy.

“Public charter schools are a critical tool to improve public education and provide every child in Tennessee the opportunity to receive a great education,” said Speaker Woodson. “This bill creates an environment that promotes the growth of high quality charter schools, allows districts access to innovative tools to address their unique challenges, and gives many more parents the option of sending their child to a school that better suits his or her needs.”

Key provisions of Senate Bill 1523 include:
• Removes the cap on the number of charter schools allowed in the state
• Allows for open enrollment in charter schools (removes eligibility restrictions while maintaining current system that gives preference to certain applicants and provides for a lottery system when applications exceed the number of seats available in the school)
• Gives preference in the application process to proposed charter schools that demonstrate a capability to support certain high-need populations
• Provides the Achievement School District with the ability to authorize charter schools within the district
• Allows for appeal of charter revocation or nonrenewal to State Board of Education except when those decisions are based on the current AYP accountability guidelines for charters (maintains high accountability standards)
• Removes “automatic repeal” provision so that there is no automatic sunset date on the charter law
• Allows a local education agency to deny charter school applications if a local education agency demonstrates that opening the school would create a substantial negative fiscal impact that would be contrary to the best interest of their students, district or community.

Recently, Tennessee was awarded $40 million in investments to support new charter schools in Tennessee. The bill now goes to Governor Bill Haslam and will become effective upon his signature.

Senate Bans Use of Pre-Trial Diversion for Felonies

Legislation that eliminates pretrial diversion for the most dangerous criminals in Tennessee has passed the General Assembly. Senate Bill 1234, sponsored by Senator Ken Yager (R-Harriman), centers on defendant accountability in the judicial system and also speaks to the constitutional rights of victims to have their voice heard.

Pre-trial diversion was created in 1975 giving the District Attorney General the sole discretion whether or not to grant an application to an otherwise qualified defendant.
The bill alters the definition of “qualified defendant” for probation purposes to include a defendant charged with a misdemeanor who is not seeking deferral of further proceedings for driving under the influence or has not previously been convicted of a felony or Class A misdemeanor for which they have previously been granted judicial diversion. No felony crimes would be eligible for pre-trial diversion under the bill.

“Although well intended, the privilege of pre-trial diversion has been perverted by the defendant to delay his or her day in court,” said Senator Yager. “Over the years, we have witnessed unsuccessful applicants challenge the discretion of the attorney general delaying a trial on the merits. Additionally, we have seen at least 16 court-mandated requirements for the district attorney to consider, resulting in more time.”

Yager said pre-trial diversion is contrary to the Victims’ Rights Amendment to the Tennessee Constitution. In 1998, Tennesseans voted overwhelmingly to approve the Victim’s Rights Amendment which allows victims of crime to express their injuries to ask the court to consider how they have been violated. Under the current pre-trial diversion law, victims have no voice in a pre-trial diversion situation.

“It is ironic that criminals will often have their records wiped clean by pre-trial diversion without serving any sort of probation period, and in some cases are free to torment their victims once more,” he added.

Judicial diversion, which requires a judge’s decision after a finding of fact and a plea from the defendant, is not affected under the bill. The legislation, which now goes to Governor Bill Haslam for his signature, will take effect July 1, 2011.

Senate passes and sends to the governor E-Verify bill to ensure new hires are in state legally

The full Senate has approved and sent to the governor legislation calling for Tennessee employers to use the “E-Verify” system to ensure that new hires are in the state legally. Senate Bill 1669 calls for businesses with over five employees to obtain a copy of his or her driver’s license or utilize the E-Verify system. The bill provides a safe harbor for employers who use E-Verify if the worker is later found to be in the country illegally due to its accuracy in detecting illegal aliens.

"This bill helps to ensure that those working in Tennessee are here legally,” said Senator Jim Tracy (R-Shelbyville), sponsor of the bill. “Illegal immigration has a large financial impact on taxpayers, not to speak of national security concerns. We must begin to address this problem and this legislation is a big step in the right direction towards that goal.”

E-Verify, an Internet-based system operated by the Department of Homeland Security in partnership with the Social Security Administration, allow 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 measure would penalize businesses for violation of the law with escalating consequences for repeated offenses. It also provides a mechanism for small businesses without Internet access to call the Department of Labor 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 and will be applicable in phases depending on the number of workers employed by a business.

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.

“There are more than 140,000 illegal immigrants in Tennessee, with over 110,000 in the state’s workforce according to estimates,” added Tracy. “I am very pleased this bill has been approved.”

Legislature passes bill strengthening Tennessee’s Anti-Terrorism Law

The legislature passed an anti-terrorism bill that updates the Tennessee Terrorism Prevention Act that was passed shortly after the 9-11 terrorist attacks and was approved unanimously in both the House and Senate. The “Material Support to Designated Entities Act of 2011” now makes the provision of “material support” a Class A felony and helps to close the prevention gap left by the 2002 statute.

“After discussions with all interested parties the bill was rewritten to achieve a fiscally responsible way to cut off “material support” that assists those planning to commit terrorist acts in Tennessee since it is the support that typically makes the acts more likely to occur,” said Senator Bill Ketron (R-Murfreesboro), sponsor of the bill. “This bill is very timely, in view of the fact that an August 2010 background report showed 21 U.S. citizens were charged in terrorist cases in 2009 and another 20 were charged in 2010 between January and August.”

The trajectory of cases of homegrown terrorism includes actors such as Memphis Carlos Bledsoe who attempted to firebomb the home of a Nashville rabbi and went on to murder 24-year old Private William Long in Arkansas. Secretary Janet Napolitano has called out to states to become more active and engaged in counter-terrorism measures.

The new amendment eliminates designation of terrorist entities by the state authorities and instead, defers to designations already made by the U.S. Secretary of State and the Department of the Treasury. The bill supports the work of the Joint Terrorism Task Force in continuing the collaboration between federal and state law enforcement authorities.

Ketron said the bill is an even handed and non-discriminatory counter-terrorism measure. The bill specifically declares that it does not target the peaceful practice of any religion. It, however, prohibits using religious doctrine as a justification for terrorist acts in Tennessee.

“It should be a priority of ours to protect the citizens of our great state – there will be no prosperity without security,” he concluded.

Violent Juvenile Sex Offenders Added to Tennessee Sex Offender Registry

Tennessee will add juveniles convicted of the most violent sexual offenses to the state’s Sex Offender Registry under legislation approved by state lawmakers. Senate Bill 869, sponsored by Senator Brian Kelsey (R-Germantown), applies to offenders between ages 14 and 18 who have been convicted of rape, rape of a child, aggravated rape of a child, aggravated sexual battery, or attempt of any of those four offenses.

“We must protect our children from all sexual offenders, even juveniles if they have committed violent acts,” said Senator Kelsey. “This legislation places the most violent offenders on the registry, so law enforcement officers can monitor those who would prey on our youth.”

Unlike the public sex offender registry for adults, the juvenile sex offender registry will be available only to law enforcement officers. A court may order whether a juvenile offender must abide by the residency limitations of the adult sex offender registry. First-time offenders who are not convicted of a subsequent offense may apply for removal from the registry once they reach the age of 25. Juveniles who are convicted of a second violent offense, however, will be placed on the public sex offender registry once they turn 18 and will remain on the list for life.

Lawmakers pass comprehensive legislation to provide statewide guidelines for unmanned traffic enforcement cameras

In last day action this year, the Senate approved legislation to provide statewide guidelines to govern the use of unmanned traffic cameras. The proposal comes after much legislative debate on the matter during the 2009 and 2010 legislative sessions.

The use of automated systems for surveillance of intersections and roadways is growing as more communities across the state are utilizing the devices. Opponents of the cameras have argued that the motivation behind the cameras is money instead of safety, while those who favor the cameras claim that the devices have made streets safer by reducing the number of crashes.

“The purpose of this bill is to give uniform standards across the state,” said Senator Jim Tracy (R-Shelbyville), sponsor of the bill. “We have worked on this proposal for several years and have put together a very comprehensive bill.”

Senate Bill 1684, as amended, includes statewide provisions that:
 Invalidate traffic camera citations issued for failure to make a complete stop before making a right hand turn at a red signal unless clearly marked signs are posted saying “No Turn on Red.”
 Clarify that advance signage to inform drivers is required of at least 500 feet, but not more than 1000 feet, before the enforcement area of the unmanned traffic enforcement camera.
 Require an independent traffic engineering study before any new camera can be set up to assure that the proposed camera meets certain criteria to ensure that the purpose is to improve traffic safety.
 Prohibit speed trap cameras by banning the use of traffic enforcement cameras on any highway within one mile of a reduction of speed limits of 10 mph or greater, unless it is in a school zone.
 Provide that no more than one citation shall be issued for each offense committed.
 Vehicle registration information must be consistent with the evidence recorded by the enforcement camera or the citation is invalid.
 Mandate that notice of violations be mailed to the alleged offender within 20 days and that all responses and payments be made to a Tennessee address.
 Set the fine at $50 if the violator elects not to contest and provides that citation notices must list any additional late fees or court costs separately in the event they should decide to go to court and are found guilty.
 Amend current law to allow only POST certified or state-commissioned law enforcement officers to view evidence from a traffic enforcement camera and issue the citation. Present law only requires an "employee" of the law enforcement agency.

“My goal is to protect the public from abuse of these camera systems by providing clear guidelines to ensure that the focus is on public safety,” added Tracy.
The bill will not affect current unmanned traffic enforcement contracts in place and becomes effective July 1, 2011.

In Brief….

Newborns / Health Screenings – Legislation to help detect serious heart defects in newborns before they cause permanent harm to the child or death has passed the State Senate. Senate Bill 60, sponsored by Senator Doug Overbey (R-Maryville), requires the state’s Genetic Advisory Committee to develop a program to screen newborns for critical cyanotic congenital heart disease (CCCHD) using pulse oximetry. Congenital heart disease is responsible for more deaths in the first year of life than any other birth defects. Research shows that children who are diagnosed with CCCHD later in life tend to require more hospital care, greater resources, and have worse long-term health outcomes. The measure awaits passage in the House of Representatives.

Looters / Disaster Areas -- The legislature has approved a timely measure in response to reports of looting taking place following the recent storms that tore through Tennessee. Senate Bill 1095, sponsored by Senator Steve Southerland (R-Morristown), provides a judge may require a criminal to perform public service at a disaster site as a result of looting. The bill authorizes judges to sentence a convicted looter who takes advantage of a natural disaster, like the recent storms, to public service work in addition to any fine or other punishment assessed by the court.

Human Trafficking -- The General Assembly approved legislation designed to attack the growing problem of child prostitution and human trafficking in Tennessee. Senate Bill 64 , sponsored by Senator Doug Overbey (R-Maryville), would enhance penalties against those who patronize or promote the illegal act, as well as gives law enforcement powers to impound a vehicle used in the commission of the offense. Currently, patronizing prostitution is a Class B misdemeanor in Tennessee, unless the crimes are committed within 100 feet of a church or 1.5 miles of a school, which is punishable as a Class A misdemeanor. The legislation would make patronizing prostitution from a person who is younger than 18 years of age or has an intellectual disability a Class E felony. Penalties for promoting prostitution would be increased from a Class E to a Class D felony when a minor is involved, under the bill. Additionally, the proposal specifies that if it is determined that a person charged with prostitution is under age 18, they would be immune from prosecution for prostitution and would be released to a parent or guardian after receiving information regarding resources available to put them on the right track.

Child Sexual Offenses -- Legislation clarifying a Court may increase the sentence for rape of a child above the mandatory 25 years when appropriate has passed. Currently, there has been confusion concerning additional punishment above the 25-year mandatory sentence for the crime. Senate Bill 755, sponsored by Senator Dolores Gresham (R-Somerville), clears up any ambiguity. It spells out that rape of a child is a Class A felony and that punishment is subject to a minimum sentence of 25 years; however, the Court may increase the time when appropriate and in cases where the defendant’s prior history warrants an enhanced sentence of up to 60 years for the most egregious circumstances.

DUI / Blood Alcohol Testing -- Legislation passed in the last week of floor action which requires the testing of a driver’s blood alcohol content (BAC) level in cases where the driver has previously been convicted of a DUI or when there is a child present in the vehicle. Tennessee’s DUI law already requires BAC testing when there is serious bodily injury to a victim or death. Senate Bill 1270, sponsored by Senator Mae Beavers (R-Mt. Juliet), simply puts these two additional conditions into the law when testing must be performed, whether or not the driver consents. The test results may be offered into evidence, subject to the rules of evidence.

Adventure Tourism / Rural Job Creation -- Legislation received final approval before adjournment which establishes a mechanism to create jobs in rural Tennessee counties by exploiting the growing interest in outdoor recreational activities, which is often referred to as “adventure tourism.” Adventure sports include such activities as white water rafting, mountain biking, zip-lining, kayaking, mountain climbing and a wide variety of other outdoor activities. Many of the counties where this bill will have an impact are some of the highest unemployment rates in the nation. Senate Bill 1205, sponsored by Senator Ken Yager (R-Harriman), authorizes a joint state / local job creation effort in rural Tennessee counties. It directs the Department of Economic and Community Development in cooperation with the Department of Environment and Conservation to develop a plan to promote and develop adventure tourism in the rural areas of the state.

Severe Child Abuse -- State Senators voted this week to remove the limitations on evidence that a court can consider in determining whether or not to return a child to the custody of any person who engaged in or knowingly failed to protect a child from brutality or abuse. The bill revises Tennessee law to say that “severe child abuse” includes the knowing exposure of a child to, or knowing failure to protect a child from, abuse or neglect “likely to cause serious bodily injury.” The terms now mirror the terms in criminal cases. Senate Bill 1150, sponsored by Senator Dolores Gresham (R-Somerville), also adds aggravated child abuse and aggravated neglect or endangerment to the list of unlawful acts towards a child that would be considered to be severe child abuse.

###

Capitol Hill Week: State Senate passes Civil Justice Reform and other Major Bills as General Assembly works toward adjournment

Thu, 12 May 2011 21:46:00 GMT

(NASHVILLE, TN), May 12, 2011 – The Tennessee General Assembly worked in marathon floor and committee sessions this week towards the conclusion of the 2011 legislative session. Among major legislation approved by the State Senate is a civil justice law to help create jobs in Tennessee, several measures cracking down on child sex offenders and those who engage in human trafficking, and state’s rights legislation, to name a few.

The Tennessee Civil Justice Act of 2011, sponsored by Senate Majority Leader Mark Norris (R-Collierville) and Senator Brian Kelsey (R-Germantown), was approved in the State Senate by a vote of 21 to 12. The legislation is included in Governor Bill Haslam’s legislative package. It is designed to provide certainty and predictability for businesses, while ensuring that injured plaintiffs receive all of the economic, quantifiable damages they suffer.

Norris said Tennessee's current civil justice law puts the state at a competitive disadvantage when it comes to attracting new businesses and jobs, especially since it is one of the few in the Southeast which has yet to reign in lawsuit abuse through tort reform.

“This is very important legislation,” said Senator Norris. “It is much more than tort reform, as we must be competitive with other states. The state of Tennessee has always been on the cutting edge of tort reform. We must remain competitive, not just in the South or in a regional economy, but in the global context. This bill is designed to put us on a level playing field so we have predictability and certainty for businesses which look to locate or expand their operations in Tennessee.”

“The uncertainties of life command that we balance the need to quantify the risk with our compassion,” he added. “This will strengthen our judicial system and our state as a whole.”

"Our current civil justice system threatens Tennessee's business climate and hampers our ability to create jobs," said Lt. Governor Ramsey (R-Blountville). "Unlimited exposure to costly litigation drives up business costs and drives away new jobs. Every citizen should have access to the courts but it is critical that damage awards do not spin out of control and hurt our ability to grow jobs in Tennessee."

“The legislation will provide certainty and predictability for businesses that want to locate in Tennessee,” said Senator Kelsey. “When we attract businesses, we attract jobs. Without this law, Tennessee is the only state in the Southeast that has no limits on possible punitive damage awards. With this law, Tennessee can become the number one state in the Southeast for high quality jobs.”

Key provisions of Senate Bill 1522 include:
• The bill limits the maximum appeal bond amount from $75 million to $25 million or 125 percent of the judgment amount.
• It defines two components of compensatory damages: economic and non-economic damages.
• The measure places a cap on non-economic damages, which are subjective damages like pain and suffering, at $750,000 per injured plaintiff for both healthcare liability action and other personal injury actions. However, if the harm suffered is intentional, the caps would not apply.
• As amended, the bill raises the cap to $1.0 million if the plaintiff becomes a paraplegic or quadriplegic because of spinal cord injury, sustains third degree burns over 40 percent or more of his or her body or face, has an amputation of a hand or foot, or wrongfully dies leaving one or more minor children.
• There is no cap, under the measure, on economic damages and any damages that can be objectively quantified may be recovered.
• Caps punitive damages, which must be proved by clear and convincing evidence, at two times compensatory damage or $500,000, whichever is greater unless the defendant intended to injure the plaintiff, was under the influence of drugs or alcohol, or intentionally falsified records to avoid liability.
• Prevents punitive damages in products liability actions, unless the seller had substantial control over the design or manufacturing of the product or had actual knowledge of the defect in the product at the time it was sold.

Norris pointed to the success of the 2008 medical tort reform law which he sponsored and that has been successful in reducing lawsuits since its implementation. The law has resulted in a reduction in non-meritorious claims by 50 percent.

The bill now goes back to the House of Representatives for approval of an amendment before it is sent to the governor for his signature. It will take effect October 1, 2011, and apply to all liability actions for injuries after that date.

Legislation cracks down on the growing problem of human trafficking in Tennessee

Legislation sponsored by Senator Doug Overbey (R-Maryville) designed to attack the growing problem of child prostitution and human trafficking in Tennessee was approved Wednesday in the Senate Judiciary Committee. Senate Bill 64 would enhance penalties against those who patronize or promote the illegal act, as well as gives law enforcement powers to impound a vehicle used in the commission of the offense.

Approval of the bill came only days after a joint operation between the FBI and the Hamblen County Sheriff's Department resulted in the arrest of nine individuals for human trafficking. According to law enforcement, the women were lured from Mexico to East Tennessee with the promise of employment, but were forced into prostitution. In November, federal authorities broke up a human trafficking ring that provided underage prostitutes involving 29 Somali men and women with ties to gangs. According to the indictment, one of the intentions of those involved was to identify, recruit and obtain girls under age 14 for prostitution. The ring operated in Nashville, Minneapolis and Columbus, Ohio.

“These predators and criminal gangs target children because of their vulnerability, as well as the market demand for these young victims,” added Overbey. “That is why it is so important to strengthen penalties against those who exploit them. It is intolerable that in 2011, this crime is growing rather than decreasing. We must continue to take the steps needed to address it.”

Currently, patronizing prostitution is a Class B misdemeanor in Tennessee, unless the crimes are committed within 100 feet of a church or 1.5 miles of a school, which is punishable as a Class A misdemeanor. The legislation would make patronizing prostitution from a person who is younger than 18 years of age or has an intellectual disability a Class E felony. Penalties for promoting prostitution would be increased from a Class E to a Class D felony when a minor is involved, under the bill. Additionally, the proposal specifies that if it is determined that a person charged with prostitution is under age 18, they would be immune from prosecution for prostitution and would be released to a parent or guardian after receiving information regarding resources available to put them on the right track.

In following, the Senate Judiciary Committee approved two other bills, Senate Bill 604 and Senate Bill 605, to provide a comprehensive statewide approach to deal with the problem of human trafficking in Tennessee. The first bill sets up an Anti-human Trafficking Fund within the Department of Finance and Administration to provide grants to not-for-profit or tax exempt groups that provide services to the victims. The bill also expands the list of items subject to judicial forfeiture for those convicted of this crime, with funds to be partially used for this purpose. The other bill requires the posting of a Human Trafficking Resource Center Hotline in places where victims are more likely to be found so they can access help earlier.

Tennessee Bureau of Investigation (TBI) Assistant Special Agent in Charge Margie Quinn told Judiciary Committee members that it is a widespread problem with 78 of the 95 counties in Tennessee reporting the presence of human sex trafficking during the last 24 months. The TBI has just completed a study of the matter. She said there is more human sex trafficking in the urban areas in Shelby County, Davidson County, Coffee County, Knox County, all which reported in excess of 100 cases of human sex trafficking in the last 24 months.

“Sixty-two of those same counties reported the presence of minor human sex trafficking,” Quinn said. “It is a significant problem when you compare it to the number of counties in 2009 that advised they had the presence of gangs in their counties. There are more counties affected by human sex trafficking than there are by the presence of gangs in our state.”

Bills passed in Committee and on the Floor of the Senate strengthen Tennessee’s sex offender laws

Several bills were approved this week with aim to strengthen Tennessee’s sex offender laws, including legislation passed by the Senate Judiciary Committee to clarify a Court may increase the sentence for rape of a child above the mandatory 25 years when appropriate. Currently, there has been confusion concerning additional punishment above the 25-year mandatory sentence for the crime. Senate Bill 755, sponsored by Senator Dolores Gresham (R-Somerville), clears up any ambiguity. It spells out that rape of a child is a Class A felony and that punishment is subject to a minimum sentence of 25 years; however, the Court may increase the time when appropriate and in cases where the defendant’s prior history warrants an enhanced sentence of up to 60 years for the most egregious circumstances.

Likewise, the full Senate has approved Senate Bill 1938, sponsored by Senator Randy McNally (R-Oak Ridge), which adds aggravated rape of a child and statutory rape by an authority figure to the list of offenses requiring HIV testing of the alleged perpetrator. Under present law, when a person is initially arrested for allegedly committing the offense of rape, aggravated rape, statutory rape, or rape of a child, that person must undergo HIV testing immediately. This bill specifies that testing must be performed no later than 48 hours after the presentment of the information or indictment and that it must be performed with or without the request of the victim.

The full Senate also approved Senate Bill 1051, sponsored by Senator Mike Bell (R-Riceville), which requires registered sexual offenders to notify their registering law enforcement agency before they leave the country and upon re-entering. This is the last part of the Adam Walsh Act Tennessee must pass to be in compliance with the federal law protecting children from child sexual predators. The Tennessee Bureau of Investigation interacts with Interpol to notify the other country regarding the travel of an offender.

Finally, the full Senate has approved Senate Bill 1051, sponsored by Senator Stacey Campfield (R-Knoxville), to ensure that convicted of sex offenders cannot contact their victim while they are in prison. The bill closes a loophole in the law which bans contact of a victim by the perpetrator upon release from prison, but does not clarify that communication cannot occur while the offender is jailed in prison.

Ballot bill would strengthen integrity of elections in Tennessee

The Legislature has approved and sent to Governor Bill Haslam legislation sponsored by Senate Majority Leader Mark Norris (R-Collierville) to strengthen the integrity of elections in Tennessee. The bill requires the Coordinator of Elections to compare the statewide voter registration database with the Department of Safety’s motor vehicle database to ensure non-United States citizens are not registered to vote in this state.

“This is the result of several years of efforts for us to abide by the constitutional requirement that only citizens of this country vote in this state,” said Senator Norris. “Other states have used this system with success.”

Under Senate Bill 352, if evidence exists that a registered voter is not a citizen, the Coordinator shall notify the county election commission who will send a notice to the voter inquiring about his or her eligibility to vote. The voter will then have 30 days to provide documentation regarding their citizenship. If the voter does not provide evidence of citizenship, that person would be purged from the voter registration database. The voter may appeal to the State Election Commission if they want to challenge the decision.

The U.S. Constitution already requires citizenship to vote. In addition, federal law makes it a crime knowingly to make a false statement or claim regarding citizenship upon registering to vote.

The bill, which also passed the House of Representatives, now goes to Governor Bill Haslam for his signature.

Minor parties -- In other action, the State Senate approved legislation to make it easier for minor political parties to receive statewide recognition in order to place a slate of candidates on the ballot and hold a primary election. The bill, sponsored by Senate Majority Leader Mark Norris (R-Collierville), allows for voters to sign the petition to place a minor party on the ballot, regardless of whether they proclaim to be a member of that party. It reverses over 25 years of Democrat-led resistance to allowing more statewide parties on the Tennessee ballot.

“This bill eases the current qualification requirements for minor parties to be recognized,” said Senator Norris. “It eases requirements for those signing the petition and simplifies the timeline required. This eases the burden and extends the franchise to more Tennesseans.”

Prior to passage of SB 935, Tennessee law required a minor party to gain the signatures equivalent to 2.5 percent of the total number of those voting in the most recent race for governor. The law required those signing the petition to declare their party membership. The legislation changes that so any voter may sign the petition, regardless of association with the minor party.

The bill also gives a minor party wishing to gain recognition an additional 30 days to return their petition to the State Coordinator of Elections for their slate of candidates to be placed on the ballot. Currently, a minor party’s petition must be submitted 30 days before the two major parties filing deadline. The bill allows minor parties to simultaneously submit their petition to be recognized as a party on the filing deadline set for major parties, which is the first Thursday in April.

Finally, the bill gives the State Election Coordinator’s office 30 days to verify that the 2.5 percent is a valid number for recognition. If verified, the minor party would be allowed to have a primary in August. If there are not enough valid signatures, those individuals associated with the minor party revert back to independent status, and are listed on the ballot as an independent.

“This legislation gives minor party candidates more opportunities than any time in recent state history to be placed on the ballot and properly recognized,” added Norris. “I am pleased this legislation has been approved by the House and Senate.

The bill now goes to the governor for his signature.

Bill stiffens punishment against looters who take advantage of storm victims

The Senate Judiciary Committee has advanced a timely measure in response to reports of looting taking place following the recent storms that tore through Tennessee. Senate Bill 1095, sponsored by Senator Steve Southerland (R-Morristown), provides a new offense whereby courts may require a criminal to perform public service at a disaster site as a result of looting. The bill authorizes judges to sentence a convicted looter who takes advantage of a natural disaster, like the recent storms, to public service work in addition to any fine or other punishment assessed by the court.

“We are talking about people who are victimized twice – once by the storms and then by criminals who take advantage of an already horrible situation,” said Senator Southerland. “This is a despicable crime when looters pick through the remainder of any items not already ravaged by the storm to steal. We must take additional steps to protect families who are already hurting and should not be subjected to this kind of criminal behavior. Hopefully, it will also help the criminal see the suffering associated with their crime. At the same time, this legislation will help our communities in cleaning up in the aftermath of the storms.”

The bill applies to looting which occurs during or within 30 days of the disaster and within the area affected, if the owner is unable to properly guard his or her property due to the destruction. The legislation also says that the person who violates the law under these circumstances shall be required to perform debris removal, clean-up, restoration or other necessary physical labor at the location of the disaster for a period of not less than 30 days or more than the maximum sentence authorized for the class of theft committed.

Additional counties declared federal disaster areas -- Tennessee Gov. Bill Haslam announced this week that President Obama granted a request to declare 15 Tennessee counties as federal disaster areas due to a series of severe storms, straight-line winds, flash flooding and the record flooding of the Mississippi River, beginning on April 19, 2011. Benton, Carroll, Crockett, Dyer, Gibson, Henderson, Henry, Houston, Lake, Lauderdale, Madison, Montgomery, Obion, Shelby and Stewart were added to receive assistance for record river flooding

Senate Finance Committee approves McNally Resolution asking Congress to end unfunded mandates to states

The Senate Finance Committee approved legislation, sponsored by Senator Randy McNally (R-Oak Ridge), asking Congress to submit to the states for ratification an amendment to stop the practice of passing unfunded mandates and programs to the states.

“States are struggling right now,” McNally added. “We cannot continue to fund federal programs or mandates without making substantial cuts to critical programs like education. Hopefully, this resolution will send Washington a message that states need stability in budgeting, rather than more federal mandates.”

The proposed amendment, Senate Joint Resolution 118, would ban unfunded mandates, except in a situation of financial emergency as declared by a two-thirds vote of their membership. It would also prohibit the federal government from authorizing state participation in federal programs or services unless funding is guaranteed by the federal government for the full duration of the programs or services. If federal funds are not appropriated for the program or service, the law enacted or regulation promulgated would become null and void.

In Brief….

DUI / Blood Alcohol Testing -- Legislation has advanced in the Senate Judiciary Committee which requires the testing of a driver’s blood alcohol content (BAC) level in cases where the driver has previously been convicted of a DUI or when there is a child present in the vehicle. Tennessee’s DUI law already requires BAC testing when there is serious bodily injury to a victim or death. Senate Bill 1270, sponsored by Senator Mae Beavers (R-Mt. Juliet), simply puts these two additional conditions into the law when testing must be performed, whether or not the driver consents. The test results may be offered into evidence, subject to the rules of evidence.

Fallen officers -- The State Senate stood in a moment of silence on Thursday for the late State Trooper Andy Wall of Dickson, Tennessee who died last weekend in the line of duty. The Senate observed the passing of Trooper Wall and stood in a moment of prayer for his family at the request of State Senator Jim Summerville (R-Dickson). Last week, the State Senate stood in prayer for the passing of Wartburg Police Captain, Ralph Braden, who was also killed recently in the line of duty. That recognition was done at the request of Senator Ken Yager (R-Harriman). This week marks Police Week, a nationwide observance in which May 15th has been designated as Peace Officers Memorial Day to honor fallen officers.

Adventure Tourism / Rural Job Creation -- The Senate Finance Committee has approved legislation to enact the Tennessee Adventure Tourism and Rural Development Act. The objective is to establish a plan for Tennessee to promote outdoor recreational opportunities in rural, high-employment areas of the state to create jobs. Senate Bill 1205, sponsored by Senator Ken Yager (R-Harriman), would direct the Department of Economic and Community Development and the Department of Conservation and Environment to perform a study and create a plan to promote adventure tourism and other recreational and economic development activities in rural areas.

No state income tax resolution -- A “No State Income Tax” amendment resolution was approved by the Senate Finance Committee and was read on the first of three required readings before the full Senate. The proposal would clarify that an income tax and a payroll tax are prohibited by the Tennessee Constitution if voters agree to amend the Constitution in a vote in 2014. Senate Joint Resolution 221, sponsored by Senator Brian Kelsey (R-Collierville) specifies that the legislature as well as Tennessee counties and cities shall be prohibited from passing either an income tax or payroll tax, which is a tax on employers measured by the wages they pay their workers. In order for a constitutional amendment to pass, it must first be approved by a simple majority in both the House and the Senate this year. Then, it must be approved by a two-thirds vote in each chamber during the next General Assembly in 2013-2014 before it goes to voters for final consideration.

Cyberbullying -- Two separate bills sponsored by Senator Bill Ketron (R-Murfreesboro), strengthening Tennessee’s law against bullying and cyberbullying through the use of electronic devices, received approval in the State Senate this week. The action comes after several highly publicized cases of cyberbullying nationwide. The first measure, Senate Bill 488, clarifies that Tennessee’s elementary and secondary school laws dealing with harassment, intimidation, bullying and cyberbullying applies to after-school activities that create a hostile educational environment. The second bill, Senate Bill 487, calls for those convicted of using electronic devices to bully to serve up to 30 hours of community service work for transmitting or displaying an offensive image where there is a reasonable expectation the victim will see it. It would apply in cases where there is a malicious intent by a juvenile to frighten, intimidate or cause emotional distress to the victim.

Foreign Refugees / Resettlement – The full Senate voted this week to require any entity or agency that administers the state’s refugee program to submit quarterly reports to state and local governments and appropriate legislative committees regarding certain resettlement information. Senate Bill 1670, sponsored by Senator Jim Tracy (R-Shelbyville), is designed to give city, county and state authorities information to help them plan for a variety of needs, including any demands on the education system or emergency services. Refugees are located as part of a federal government program to resettle those who have left their home country due to political or religious persecution. Last year about 1,800 refugees from 14 different countries were moved into Tennessee, with the same amount predicted this year. It does allow cities of counties to send a letter of request to the placement agency and the U.S. State Department regarding a particular resettlement within their boundaries.

Illegal Immigration / Government Benefits – The Senate State and Local Government Committee has approved Senate Bill 1325, sponsored by Senator Jack Johnson (R-Franklin), that authorizes state departments or agencies to verify the lawful status of an alien in Tennessee. Under the “Eligibility Verification for Entitlements Act,” the agency could then prohibit an unlawful alien who is an adult from receiving any “non-emergency” taxpayer-provided benefits in Tennessee.

Meth vehicles – The Senate voted 33 to 0 this week to require notice must be given on the title of a vehicle in cases where it has been impounded due to the manufacture of methamphetamines. The notification must be made within 30 days of the impoundment. Senate Bill 266, sponsored by Senator Jim Tracy (R-Shelbyville), applies when meth has been manufactured on or within the vehicle. Under the legislation, the Department of Revenue would be required to issue a new title denoting that it has been used in the manufacture of meth, in the same way that notification is given for flooded vehicles, so citizens have adequate notice.

Voting machines – The full Senate gave final approval to Senate Bill 1203 to allow cash-strapped Tennessee counties determine whether or not to replace their voting machines under the Tennessee Voter Confidence Act. The vote came after both Democrat and Republican county mayors from across the state expressed strong support for flexibility regarding the law due to the costs to taxpayers and the fact that the machines will have to be replaced again in the next ten years to comply with new standards from Washington. Statewide, administrators estimate it would cost Tennessee taxpayers a combined $11.7 million for storage, printing and transporting the paper ballots. The bill, sponsored by Senator Ken Yager (R-Harriman), allows counties who so choose to replace their equipment to tap into HAVA (Help America Vote Act) funds to assist them with the purchase, and relieves Tennessee taxpayers in cash-strapped counties from a mandate to purchase new voting machines immediately if they are not financially ready. More than $25 million in taxpayer dollars have been spent on purchasing DRE voting machines since 2005 which include an audit trail and have been deemed reliable by federal authorities and state courts.

Emergency Response – The Governor announced this week that the Department of Military, Tennessee Emergency Management Agency, Department of Agriculture, Department of Environment & Conservation, Department of Health (EMS), Department of Human Services, Department of Transportation, Department of Safety, Tennessee Wildlife Resources Agency, Civil Air Patrol, American Red Cross and Tennessee Volunteer Organizations Active in Disasters are responding to the current flooding emergency and providing protective services to help local efforts. Heavy snow-pack melting and above average rainfall in the Midwest raised the Mississippi River to record flood levels along Tennessee's western border at the end of April. The rising Mississippi River added to flooding already occurring in many middle and west Tennessee counties due to severe storms and tornadoes in mid-April. Additional information about state and federal assistance for affected counties will be released as details become available. For more updates regarding the state’s response, visit the TEMA website at www.tnema.org.

Revenue Collections -- Tennessee revenue collections continued a very modest positive growth trend in April. Overall April revenues were $1.264 billion, which is $600,000 more than the state budgeted. Sales tax collections recorded the 13th consecutive month of positive growth dating back to April of 2010. The general fund was under collected by $6.9 million, and the four other funds were over collected by $7.5 million. Sales tax collections were $22.8 million more than the budgeted estimate for April. The April growth rate was positive 3.52%. For nine months revenues are over collected by $140.6 million. The year-to-date growth rate for nine months was positive 4.34%.

New Leader for Tennessee’s Achievement School District -- The Tennessee Department of Education announced Chris Barbic, founder and chief executive officer of YES Prep Public Schools in Houston, Texas, as Superintendent of Tennessee’s Achievement School District (ASD). Barbic will lead the state’s groundbreaking efforts to turn around the State’s lowest performing schools in order to ensure that all Tennessee students have the chance to receive a high quality public education that will prepare them to be college and career-ready. The newly created Achievement School District was set up under the "First to the Top" legislation passed during the General Assembly’s Special Session on Education in January 2010.

Local Ordinances / Equal Access to Intrastate Commerce Act -- The full Senate approved legislation, sponsored by Senator Mae Beavers (R-Mt. Juliet), to provide that no local government can impose on any business or person, other than its own employees, any personnel practice, definition or provision relating to discrimination that deviates from the requirements of state law. Senate Bill 632 also makes null and void any nonconforming requirements imposed prior to its effective date.

###

Capitol Hill Week: Education and Anti-crime Bills Move in Senate

Fri, 06 May 2011 15:47:00 GMT

Disaster relief sought for storm-ravaged and flooded Tennessee counties

(NASHVILLE, TN), May 5, 2011 – Action in the Tennessee General Assembly continued to shift from legislative committees to the floor of the Senate as we approach the final weeks of the 2011 legislative session. Committees worked diligently to move a number of important education and anti-crime bills onto the floor of the Senate. Meanwhile, it is the state budget that will be the central focus of attention during the remainder of this legislative session.

Victims of last week’s tornadoes and the rising flood waters in West Tennessee were also on the minds of lawmakers and Governor Bill Haslam this week as President Obama declared ten Tennessee counties, Bradley, Greene, Hamilton, Washington, Bledsoe, Cocke, Johnson, McMinn, Monroe and Rhea, as federal disaster areas as of Thursday. The designation makes those counties eligible for varying levels of federal assistance programs. Additional counties are expected to be added to the federal declaration as damage assessments of those counties affected by the April 25 storms are completed by local officials with Tennessee Emergency Management Agency (TEMA) and the Federal Emergency Management Agency (FEMA). Residents who sustained losses in these counties can begin applying for assistance immediately through the FEMA by registering online at www.fema.gov or by calling 1-800-621-FEMA (3362).

As a result of the severe weather, Tennessee suffered 37 fatalities and more than 500 homes were destroyed or sustained major damage.

In addition, Governor Haslam has asked President Barack Obama to authorize emergency funding of $10 million to assist the state and local jurisdictions with evacuation preparedness and activities in West Tennessee due to flooding that began April 21, 2011, a result of the record rainfall on the Mississippi, Tennessee and Cumberland rivers. The Mississippi River is expected to crest at the highest levels next week. Should this request be granted, local governments in Dyer, Lake, Shelby and Stewart counties would have access to direct federal assistance for evacuation actions.

“They don’t call it the mighty Mississippi for nothing,” said Senate Majority Leader Mark Norris (R-Collierville), who toured affected counties in West Tennessee with the Governor on Tuesday. Norris represents several counties which are most affected by the rising flood levels. “We are working very diligently with federal and local officials to be as prepared as possible. The next several days will be critical as the river crests. It is very important that residents in the areas that could be subject to flooding listen for public announcements and are ready to move to safety if an evacuation is ordered."”

Senate approves bill to allow the “Good Faith Exception” to the “Exclusionary Rule” for Tennessee Courts

The State Senate voted 26 to 4 to approve legislation to enact what is known as the “common sense” or “good faith exception” to the “exclusionary rule” regarding suppression of evidence in violation to the fourth amendment or unreasonable search and seizure. Senate Bill 559, sponsored by Senator Randy McNally (R-Oak Ridge) would allow a judge to give a jury access to evidence or facts obtained as a result of a search or seizure which contains a minor technical error.

The bill attempts to balance the scales of justice to a standard embraced by the U.S. Supreme Court in United States v. Leon and Herring v. United States, which was the law in Tennessee prior to 1979. McNally says the standard allows the judge and jury to weigh all the facts and still administer justice in an objective manner.

“This legislation would allow a judge to admit evidence or facts which have inadvertently been tainted due to a technical error so the jury can then make a determination on all the facts,” said Senator McNally. “This will allow justice to be administered in an objective and balanced manner.”

“Prior to 1979, only evidence obtained by unlawful search and seizure was excluded,” added Senator McNally. “That year the Tennessee General Assembly changed the standard to unlawful or invalid search and seizure. Unfortunately, the lack of action by the courts as well as the legislature has precipitated the possible release of murderers and rapists since passage of the 1979 law due to minor defects in a warrant.”

McNally said the current law has hampered prosecution of many hardened criminals, including a man who confessed to authorities for committing the aggravated rape, robbery and murder of multiple young women but who had his conviction vacated as there was a technical error. The technical error was made by the magistrate in the preparation of the warrant. The court held that even though the rapist / murderer had collected “trophies” from the victims, those items should not have been admitted into evidence because of the minor defect in the warrant.

The bill now goes to Governor Bill Haslam for his signature.

Senate passes bill setting up process for all teachers to have input regarding professional working conditions

The State Senate approved legislation on Monday to repeal a 1978 state law that gave one teachers’ union the exclusive right of collective bargaining to negotiate terms and conditions of professional service of all teachers, regardless of whether or not affected personnel are affiliated with that union. Senate Bill 113, sponsored by Senator Jack Johnson (R-Franklin), sets up a process to ensure that every teacher has a right to make his or her voice heard regarding the terms of employment, not solely those of the union’s members through designated union leaders.

The bill restores final school policy to the popularly-elected school board members in each district.

“I am grateful to the teachers from across the state who have expressed their concerns and suggestions regarding this legislation,” said Senator Jack Johnson (R-Franklin), sponsor of the bill. “This bill has been amended to ensure that school boards maintain cooperative collaboration with our teachers so that all of them have a voice in the process.”

No other groups of public employees in Tennessee, including fire or police personnel, have a statutory right to collectively bargain. Several of Tennessee’s sister states, including Georgia which has higher teacher salaries, also ban collective bargaining. According to the Tennessee School Boards Association, 92 of the state’s 136 LEAs have collective bargaining agreements.

Under the bill, local education authorities (LEAs) are required to draw up an employee manual to address matters pertinent to employment and provide teachers with an opportunity to make their voices heard. The manual includes such matters as salaries, wages, benefits (insurance and retirement benefits), leave, student disciplinary procedures and working conditions. A sample manual will be developed by the Tennessee Organization of School Superintendents. Local boards, however, can draw up their own manuals or even adapt current memorandum of understandings, if they so choose.

There is a 45-day period prior to adoption of the manual at the local level during which time teachers will be allowed to provide written input. After input from teachers is collected, the school board will adopt the manual and make it available for their review. Then a public hearing will be held in which local elected officials, teachers and parents can also provide input into the professional conditions and other matters in the employee manual. The manual must be fully adopted by April 17, 2012, and will take effect July 1, 2012.

“The collective bargaining system that we have rewards average,” said state Sen. Kerry Roberts (R-Springfield). “Collective bargaining agreements underpay outstanding teachers and overpay underperforming teachers. I want to vote for the outstanding teachers in Tennessee.”

Conditions set forth in the professional manual would be binding on the LEA and must be reviewed a minimum of every three years to allow for continuous teacher and parent input.

“Many teachers have been left out of the current process,” Senator Jack Johnson (R-Franklin). “This bill provides an avenue for every teacher to have his or her voice heard, and puts teachers, school boards and parents in the driver’s seat, not solely those of union members through a union leader.”

The bill is supported by the Tennessee School Boards Association and the Tennessee County Commissioners Association.

Innovative school bills pass Education Committee

Legislation sponsored by Senate Speaker Pro Tempore Jamie Woodson (R-Knoxville) that would allow a local education agency (LEA) to create an innovative school district (ISD) has been approved by the Senate Education Committee. The legislation, Senate Bill 252, contains a number of safeguards and accountability measures, including the requirement that a waiver must be obtained from the State Board of Education in order to convert to an ISD.

"This legislation provides traditional systems a structure and process to create an innovative school district in order to address the particular needs of their students" said Speaker Pro Tempore Woodson. "This is an important tool to promote innovation and creativity in our schools across the state in our continued effort to improve student achievement."

The State Board of Education would have the authority to approve or deny the proposed contract under the bill. The Tennessee Department of Education would also review any proposed contracts.

Prior to the submission of the proposed contract to the Department of Education, the LEA would hold a public hearing for the purpose of providing ample opportunity for discussion and public input regarding any proposed innovative school district. After hearing public input, the LEA would submit the strategic plan and proposed contract to the state Department of Education for evaluation and recommendations.

The bill contains a provision requiring an ISD contract must include student achievement measures for students and a performance assessment. The contract must also clearly set forth interventions or sanctions for failure to meet the identified achievement levels. The legislation also requires that ISD students must have at least the same equivalent time of instruction as required in regular public schools.

In other action regarding education, the Senate Education Committee has approved a “Virtual Schools Act” to authorize a cyber-based public charter school that provides educational resources and opportunities to students by way of the Internet in a “virtual” classroom setting.

Senate Bill 874, sponsored by Senate Education Chairman Dolores Gresham (R-Somerville), authorizes LEAs, a charter school board, and the Department of Education to sponsor a virtual school open to any student, as long as their teachers are qualified to teach in Tennessee under current statutes. Virtual school students would have access to a sequential curriculum that meets or exceeds the approved curriculum by the State Board of Education, and must have 900 hours of learning opportunities each school year.

Virtual schools would be required to provide instructional materials, access to a computer and printer, and an Internet connection. The school would have to maintain a physical administrative office in Tennessee. To provide accountability, the bill requires a virtual school to be evaluated annually on student achievement and on academic, fiscal, and operational performance. The State Board of Education would be authorized to promulgate rules and regulations as needed to enact the legislation.

“Virtual schools have many advantages and have the potential to affect a large number of students in a positive way,” said Senator Gresham. “It permits students in small, rural, or low-wealth school districts to take specialized courses that would ordinarily not be available to them. It also meets the needs of students who have special circumstances. It makes sense in our technological age to reach out to these students through this program.”

Bills strengthening Tennessee’s cyberbullying law progress in State Senate

Two separate bills sponsored by Senator Bill Ketron (R-Murfreesboro), strengthening Tennessee’s law against bullying and cyberbullying through the use of electronic devices, received approval in the State Senate this week. The action comes after several highly publicized cases of cyberbullying nationwide.

“Technology has now given way to cyberbullying and electronic messaging, which challenges the traditional schoolyard bullying,” said Senator Ketron. “Both of these bills are designed to help curb this problem.”

Various national studies have found approximately 30 to 40 percent of students have reported they had been cyberbullied or had cyberbullied another person at least once.

The first measure, which was approved by the Senate Education Committee, clarifies that Tennessee’s elementary and secondary school laws dealing with harassment, intimidation, bullying and cyberbullying applies to after-school activities that create a hostile educational environment.

Present law prevents bullying or cyberbullying in schools; however, the law is not clear regarding incidents that occur off campus. Senate Bill 488 expands the current policies of local education agencies (LEAs) to include cyberbullying or bullying through the use of electronic devices by adding other forms of electronic communication to Tennessee’s law dealing with the matter.

“A safe and civil environment is necessary for students to learn and achieve high academic standards,” said Senator Ketron. “This legislation ensures that Tennessee’s bullying law extends to such off-campus activities as sports events, school buses, bus stops and other school-sponsored activities, regardless of whether or not it is done by electronic means.”

The second bill, which was approved by the Senate Judiciary Committee, calls for those convicted of using electronic devices to bully to serve up to 30 hours of community service work for transmitting or displaying an offensive image where there is a reasonable expectation the victim will see it. Senate Bill 487 would apply in cases where there is a malicious intent by a juvenile to frighten, intimidate or cause emotional distress to the victim.

Tennessee first passed its bullying law in 2005. Since that time, it has become model legislation for other states. In 2009, the legislature approved a law to require each LEA to adopt a policy that prohibits harassment, intimidation, or bullying.

Research indicates that approximately 160,000 students avoid school every day for fear of being bullied.

Senate passes legislation which aims to ease professional licensing process for military spouses transferred to Tennessee

Military spouses transferring into Tennessee should find the state’s licensing procedures a bit smoother following legislation passed by the State Senate today putting into place a system to expedite their professional- licensing process. The bill would apply to a wide variety of professions, including architects, contractors, real estate agents, cosmetologists, barbers, healthcare professionals, or any other profession for which the state requires a license.

Senate Bill 1039, sponsored by Senator Bill Ketron (R-Murfreesboro), requires Tennessee’s licensing boards to establish a procedure to expedite the issuance of a license, certification or permit to perform professional services regulated by each board to the spouse. It would apply to military spouses who are currently licensed in a profession in another state, as long as they relocate with their husband or wife and have been transferred in the line of duty.

“Most decisions to stay in the military are made around the kitchen table and not in the personnel office,” said Senator Ketron. “To retain our trained and experienced military we must maintain the family. This bill helps spouses with some complications that arise as a result of military service such as a delay in obtaining a professional license upon being transferred.”

Ketron said professional-licensing requirements often differ among states, limiting career advancement or deterring re-entry into the work force for military families moving to new locations. Military spouses relocate every two to four years on average. Over 70 percent of those surveyed say they either want or need to work. However, delays of four to six months are commonly incurred in getting a license. Ketron says this has a detrimental impact on the military spouse’s ability to find employment due to the frequency of military moves.

“This bill is to support our troops and their families and ease a burden that presents a significant problem,” added Ketron. “Sometimes spouses become discouraged and give up their careers in health professions, law, finance and education to take lower paying jobs for which they are frequently over-qualified. We need to do everything we can to help expedite the licensing process so this does not happen.”

The bill now goes to Governor Bill Haslam for his signature.

In Brief….

Infant Mortality -- The full Senate has unanimously passed legislation sponsored by Senator Brian Kelsey (R-Germantown) to help address Tennessee’s high infant mortality rate. The bill directs the Department of Health’s Perinatal Advisory Committee to study issues and policy options relating to hospital discharge and follow-up care procedures for premature infants born less than 37 weeks gestational age. The goal of the legislation, Senate Bill 616, is to ensure standardized and coordinated processes are followed as premature infants leave the hospital and transition to follow-up care by a health care provider in the community. Tennessee ranks 44th in nation for healthy babies, which is up from its 47th ranking last year. In Memphis, Tennessee, the infant mortality rate is three times higher than that of the United States.

Foreign Refugees / Resettlement – The Senate State and Local Government Committee voted this week to require any entity or agency that administers the state’s refugee program to submit regular reports to state and local governments regarding certain resettlement information. Senate Bill 1670, sponsored by Senator Jim Tracy (R-Shelbyville), is designed to give city, county and state authorities information to help them plan for a variety of needs, including any demands on the education system or emergency services. Refugees are located as part of a federal government program to resettle those who have left their home country due to political or religious persecution. Last year about 1,800 refugees from 14 different countries were moved into Tennessee, with the same amount predicted this year.

Voter Registration / Citizenship -- The Senate State and Local Government Committee approved legislation on final consideration aiming to strengthen the integrity of elections in Tennessee. Senate Bill 352, sponsored by Senate Majority Leader Mark Norris (R-Collierville), requires the Coordinator of Elections to compare the statewide voter registration database with the Department of Safety’s motor vehicle database to ensure non-United States citizens are not registered to vote in this state. The U.S. Constitution already requires citizenship to vote. In addition, federal law makes it a crime to knowingly make a false statement or claim regarding citizenship upon registering to vote. The bill authorizes the Coordinator of Elections to compare the statewide voter registration database with relevant federal and state agencies and county records for the same purpose. If evidence exists that a registered voter is not a citizen, the Coordinator shall notify the county election commission who will send a notice to the voter inquiring about his or her eligibility to vote. If the voter does not provide evidence of citizenship, the voter would be purged from the voter registration database. The voter may appeal to the State Election Commission if they want to challenge the decision.

Children / Hearing Devices -- Legislation requiring private insurance plans to include coverage of hearing aids for children was approved by the full Senate on Thursday. Senate Bill 607, sponsored by Senator Doug Overbey (R-Maryville), requires that health insurance policies provide coverage of up to $1,000 per individual hearing aid per ear, every three years, for every child covered as a dependent by the policy holder.

Voting machines – The Senate Finance Committee gave approval to Senate Bill 1203 to allow cash-strapped Tennessee counties determine whether or not to replace their voting machines under the Tennessee Voter Confidence Act. The vote came after both Democrat and Republican county mayors from across the state expressed strong support for flexibility regarding the law due to the costs to taxpayers, availability for up-to-date federally certified machines and the fact that the machines will have to be replaced again in the immediate future to comply with new standards from Washington. The bill, sponsored by Senator Ken Yager (R-Harriman), allows those counties who are able to tap into HAVA (Help America Vote Act) funds to assist them with the purchase if the county chooses to proceed.

Kendra’s Law – Legislation was approved by the full Senate which directs the Department of Mental Health to study relevant issues raised by Senate Bill 608 for an assisted outpatient treatment statute, which is also known as “Kendra’s Law.” Senate Joint Resolution 200, sponsored by Senator Doug Overbey (R-Maryville), calls for a report on the findings and recommendations of the study to be delivered to the
Senate General Welfare, Health and Human Resources Committee and the House Health and Human Resources Committee by January 15, 2012. Kendra’s law was first passed in the state of New York in memory of Kendra Webdale, a young woman who died in January 1999 after being pushed in front of a New York City subway train by a person who was living in the community at the time, but was not receiving treatment for his mental illness. Kendra’s law, as passed by New York, calls for court-directed, physician-monitored treatment programs that could include mandatory drug compliance through law enforcement. Many of those with mental health problems are in jails which are not equipped to deal with the specialized medical attention needed to treat them.

Drugs / Spice – Lawmakers passed legislation to extend the class of drugs under Tennessee law which is subject to a Class A misdemeanor offense for offenders who produce, manufacture, distribute, or possess the hallucinogenic plant salvia divinorum. The bill extends the class to include the active chemical ingredient in the plant or other synthetic cannabinoids. The drug, also known as “spice,” was popular in Europe before spreading to the U.S. The drug goes by many different brand names and law-enforcement agencies warn that teenagers who smoke it can experience dangerous side effects. Tests have shown that smoking the drug can cause undesirable side affects on the heart, circulation and nervous system, in some cases leading to unconsciousness. There is also a danger of addiction. All members of the State Senate signed on as co-sponsors of Senate Bill 1726.

Transitional Teacher Licensure -- The full Senate voted to require the State Board of Education, in consultation with the Department of Education, to review current policies, rules and regulations pertaining to transitional teacher licensure options. Senate Bill 688, sponsored by Senator Jim Summerville (R-Dickson), calls for the Board and the Department to make recommendations regarding the process by which providers or transitional licensure programs receive approval by the state to the Legislature by February 1, 2012.

Pure Honey – Consumers would be given more information about the honey they purchase under legislation approved by the full Senate this week. The bill requires that honey sold or offered for sale in Tennessee must be labeled as 100 percent pure or not pure. Senate Bill 703, sponsored by Senator Steve Southerland (R-Morristown), would simply give consumers more information regarding the product they are purchasing in case the honey is combined with another substance.

Federal Funds Owed -- Finance Commissioner Mark Emkes told members of the Senate Finance Committee that the federal government has acknowledged they owe Tennessee approximately $82 million in “Special Disability Workload” funds. Over the past 35 years, the federal Social Security Administration has misclassified some Tennesseans and put them in Medicaid when they should have been in the Medicare program. Emkes said the administration, however, does not know if or when the funds will be repaid. The administration did present a contingency plan in the case the funds are paid this year.

Verbal Orders / Physicians -- Legislation traveled through the full Senate this week to give physicians and hospitals a 14-day timeframe to do the paperwork when a verbal order by a doctor is given for a patient. Currently there is a 48-hour timeframe in which verbal orders can be documented when there is a “read back” provision. A read back provision means the nurse is required to read back the verbal order which is then approved or clarified by the physician. Under Senate Bill 817, sponsored by General Welfare, Health and Human Services Chairman Rusty Crowe (R-Johnson City), the hospital can either adhere to the current requirement or allow the authentication to take place within 14 days.

###