Contact:  Darlene Schlicher (615) 741-6336

(NASHVILLE), February 26, 2010 -- State Senator Randy McNally (R-Oak Ridge) today endorsed Zach Farrar, who is a Republican candidate for Anderson County Juvenile Court Judge. 
    “Zach Farrar will make a great County Juvenile Court Judge,” said Senator McNally.  “He is uniquely qualified to serve the people and children of Anderson County with unwavering professionalism and dedication.”
     “I grew up with Zach and know him to be a man of honesty and great character,” added Senator Jim Tracy (R-Shelbyville).  “He will be a tremendous asset to the court.”
     Farrar is a candidate to fill the position as a result of the resignation of Judge April Meldrum.  Meldrum’s resignation was effective January 10.
     McNally added, “Zach will be fair, unbiased, and impartial, and will treat others with respect and dignity in and out of the courtroom.  In addition, his experience in the United States Marine Corps as a Judge Advocate General will be a great asset to the County.” 
     Farrar, a former Captain in the Marines, is married and is the father of twin girls.

Contact:  Darlene Schlicher (615) 741-6336

(NASHVILLE), February 26, 2010 – Tennessee’s flag is flying at half-mast over the state capitol today in recognition of four of the state’s fallen heroes who lost their lives in service to their country.  Public Chapter 169, sponsored by Senator Dolores Gresham (R-Somerville) and approved by the legislature last year, requires that if members of the Tennessee National Guard die in the line of duty, the Governor shall proclaim a day or mourning in their honor and the names of the deceased members of the armed forces shall be recorded in the journal of the Senate and House of Representatives.  
   
The State Senate stood in recognition of the soldiers on Wednesday.  The new law also requires that flags be flown at half-mast to honor these soldiers who make the ultimate sacrifice for their state and country.

"It is very appropriate that the state should lower the flag to half-mast in reverent respect for our fallen heroes,” said Senator Gresham, who is a retired Lt. Colonel in the United States Marine Corp.  “My heart swelled with pride and appreciation for the sacrifice of these Tennesseans. I was also proud that I had a little part in insuring that they and their families received Tennessee’s recognition.”
  
The soldiers honored were:

• Sergeant David Clay Prescott, Jr. of Murfreesboro; died February 4, 2010, in Hattiesburg, MS; served as a member of the Tennessee Army National Guard's 2/278 Armored Cavalry Regiment
• Staff Sergeant Michael Wayne Tinsley of Jackson; died February 10, 2010, in Hattiesburg, MS; served as a member of the Tennessee Army National Guard's 1/278 Armored Cavalry Regiment
• Chief Warrant Officer 2 Billie Jean Grinder of Gallatin; died February 21, 2010, near Mosul, Iraq; served as a member of the Tennessee National Guard's 1-230 Air Cavalry Squadron
• Captain Marcus Ray Alford of Knoxville; died February 21, 2010, near Mosul, Iraq; served as a member of the Tennessee Army National Guard's 1-230 Air Cavalry Squadron

“As we mourn them, we are so proud of their service,” added Senator Rusty Crowe (R-Johnson City), who is Chairman of the Joint Select Committee on Veterans Affairs and who was co-sponsor of the bill.  “They cared more about our freedom than their own lives and it is very appropriate that their service is recognized by the General Assembly and this state.”
    
The flag will be flown at half-staff over the Capitol until sunset.

Contact:  Darlene Schlicher, 741-6336

     (NASHVILLE, TN), February 25, 2010 -- The Senate Government Operations Committee is currently considering action to loosen the grip of special interest groups and lobbyists over the various boards and commissions in Tennessee as they are reviewed by the panel in their normal sunset review process.  Committee Chairman Bo Watson (R-Chattanooga) is among several members on the committee that have serious concerns about repeated language in Tennessee law that requires appointing authorities to select a candidate from special interest organizations. 
     The governor, lieutenant governor, and speaker of the house are most commonly responsible for naming those who serve on the approximately 250 boards and commissions currently in operation in the state.  The boards cover a wide variety of matters and involve oversight for various professions in the state from real estate and health care to athletic training and funeral homes.  Special interest groups over the years have lobbied to make sure that their organizations are included in the language of the law by requiring that appointments are made from members of their group.
     “Many of us have been amazed at the fact that qualifications take a back seat under present law to being a dues paying member of a special interest organization in order to be appointed to a board or commission in Tennessee,” said Chairman Watson.  “It leaves many qualified citizens out of consideration.  Being active in an organization could be helpful as part of qualification factors, but without a compelling reason why an appointment should be required to be from members of a particular special interest organization, the appointing authority should be able to choose any citizen who is qualified.”
      “Qualifications are very important and no one wants to eliminate that,” added Senator Dewayne Bunch (R-Cleveland).  “There are a lot of qualified citizens that can serve on these boards and do the same things that are currently being done who do not belong to special interest groups.  Our citizens should have equal opportunity and equal footing as special interest groups and lobbyists.” 
     “There is a tremendous amount of inconsistency on our boards and commissions,” added Senator Jack Johnson (R-Franklin) in speaking about the various state laws regarding appointments.  “Some require specific organizations, while others just ask for recommendations from a particular group.”
     Watson said the Government Operations Committee is considering two other objectives in deliberations regarding board and commission members’ appointments, besides removing the special interest designation.  One would require board members to be Tennessee citizens, while the other would better define a conflict of interest exclusion, including a one-year buffer period before lobbyists can be on a board if they have represented clients within that profession or subject matter.
     “The person left out of the room when the law requires selection from a special interest group, is the average citizen,” said Senator Brian Kelsey (R-Memphis).  “We must do everything we can to protect all Tennesseans.”
      “These objectives will result in a fundamental change that will loosen the grip of special interests and lobbyists on our boards,” Watson added.  “This will also strengthen the public’s faith in state government.”  

Contact:  Darlene Schlicher, 741-6336

(NASHVILLE, TN), February 23, 2010 – State Senator Steve Southerland (R-Morristown) announced today that Hamblen County Schools have been awarded $45,600 in grant initiative projects from Tennessee’s Energy Efficient Schools Initiative (EESI).  The grants will allow for the installation of energy efficient HVAC equipment at Russellville Intermediate School, Manley Elementary School, Union Heights Elementary School and Witt Elementary School. 

“I am very pleased that several of our schools have access to grants that will improve energy efficiency,” said Senator Southerland. “This will assist in fostering a healthier and safe learning environment for our students, while saving the county money in energy costs.”

The General Assembly passed legislation in 2008 that implemented Tennessee’s Energy Efficient Schools Initiative, a move supported by Senator Southerland. The grants were to be awarded to school districts to assist the schools in becoming more energy efficient, resulting lower operating costs and creating a better learning environment for Tennessee students.

“Families, businesses, and governments are struggling right now as the economy has been dismal. This grant money will assist in improving energy efficiency, which in turn will save money in the future,” Southerland added.

For more information about the Energy Efficient Schools Initiative, please visit www.tn.gov/eesi.

Contact:  Darlene Schlicher (615) 741-6336 or email:  darlene.schlicher@capitol.tn.gov
     (NASHVILLE, TN), February 23, 2010 – Legislation making it easier for troops that are deployed overseas to vote has been approved in the State Senate by a vote of 32 to 0.  The bill, Senate Bill 2681, is co-sponsored by State Senator Rusty Crowe (R-Johnson City) who is Chairman of the Joint Select Committee on Veterans Affairs.
 
     The bill authorizes a county Election Commission to e-mail a ballot to each member of the armed forces, as well as citizens temporarily outside the United States, who are entitled to vote and who have submitted a valid application for a ballot.  The move would expedite the process so the voter would have more time to make a decision and return their ballot on time. It will also require Tennessee to develop a database that voters overseas can use to see if their ballot has been received by their county election commission to help ensure that their votes are counted.
     “Our troops are making a great sacrifice to provide for our liberty and the freedoms that we enjoy and that too many times are taken for granted,” said Senator Crowe.  “We should do all we can to ensure that their participation in the electoral process is protected and enhanced at all costs.”
     The legislation would help the state comply with the federal Military and Overseas Voter Empowerment (MOVE) Act, which took effect in October.  That law requires the Department of the Army and Postal Service to expedite the return of ballots by using express mail, since they cannot be returned electronically due to election security concerns.  To assist soldiers and citizens who are living outside the U.S. for work, school or other reasons, the Federal Voting Assistance Program has set up a website where service members can access valuable information and documents to expedite the voting process.  
 
     According to the Pew Center on the States, about half of overseas voters fail to vote or to have their votes counted because of current voting rules.  Tennessee had approximately 18,686 overseas voters who participated in the November 2008 election.
     According to Tennessee Adjutant General Max Haston, 5,615 Guard airmen and soldiers are deployed, including Tennessee’s 278th Armored Cavalry Regiment which deployed from Camp Shelby, Mississippi this month to Kuwait.  The Regiment will be stationed in Iraq.

contact:  Darlene Schlicher 741-6336

(NASHVILLE, TN), February 23, 2010 -- The State Senate has unanimously approved legislation to update and improve Tennessee’s trust laws to keep the state competitive as a prime location for investments.   The bill, sponsored by Senator Doug Overbey (R-Knoxville), amends the Uniform Principal and Income Act and other provisions of state law which govern the management of trusts and location of trust assets.
“This legislation improves our trust laws to make us even more competitive as a desirable location for trust investments,” said Senator Overbey.  “The more up to date and flexible our trust laws, more trusts we will have sited in Tennessee, and the more fund managers we will have locate here, all of which means more opportunities for those trusts to invest in our Tennessee businesses and enterprises.  This is important as we continue to make our state more competitive with other states for investment.
The bill improves Tennessee’s Uniform Principal and Income Act, the Uniform Trust Code, and the Investment Services Act by adding a number of statues to upgrade to improve the state’s trust laws.  It also creates a new type of trust in Tennessee called the unitrust.
Overbey said Tennessee is viewed by many experts as one of the most desirable locations for trusts, and is ahead of its sister states in regards to flexibility.  This legislation employs the top features of trust laws in other states and best practices in trust administration.  Besides updating various provisions of the state’s trust laws, it tweaks the statute to add flexibility in administering trust estates.  It also amends the Uniform Trust code to make clear that the standards used will continue to put Tennessee ahead of other states in desirability for trust administration.
“We must stay ahead of the curve to improve our laws to make Tennessee the premier state to locate a trust,” added Overbey.  “I am pleased our General Assembly has approved this legislation.”
The bill, Senate Bill 3522, now moves to the House of Representatives, where it is sponsored by Representative Kent Coleman (D-Murfreesboro).

Contact:  Darlene Schlicher (615) 741-6336 or email:  darlene.schlicher@capitol.tn.gov
     (NASHVILLE, TN), February 22, 2010 –     The full Senate has approved legislation sponsored by Senator Tim Burchett (R-Knoxville) aimed at preventing child pornography by adding any unauthorized “covered file-sharing program” as an unfair or deceptive act under Tennessee’s Consumer Protection Act.  The practice, also known as Peer to Peer File Sharing (P2P) can be used for legitimate purposes, but has also served as a massive distribution system for pornography, including child pornography.
     “This legislation will provide state authorities with the power to take action and protect our citizens from unauthorized use of peer to peer file sharing and will help curb the distribution of child pornography through this system,” said Senator Burchett. “It will send a clear message that Tennessee will prosecute those who use these applications as a tool to find their victims or to spread child pornography.  It also helps citizens from the dangers of identity theft from inadvertent file sharing.”
     Last year, Congress passed legislation to require P2P programs to provide consumers with notice as to which of their files will be shared publicly and requiring the user to activate the function that would share their files.  However, it is the state’s responsibility to protect its consumers.  This legislation, Senate Bill 3407, amends Tennessee’s deceptive trade practices law so that the state will have the authority to take action to inform and protect citizens.  It would also alert the developers and distributors of file sharing programs that consumers must be informed on the front end by requiring a user to affirmatively activate any sharing feature on the application. 
     “In addition to the illegal use of file sharing technology to distribute pornography and to reach unsuspecting children, many individuals who install these applications are not aware that they open all of the personal and confidential files on their computer to the public for sharing,” added Burchett.  “These may include loan applications, credit card numbers, passwords, tax returns, personal emails and information that can be used by individuals to steal someone’s identity.  I am very pleased this has passed with unanimous support from the Senate.”
     The bill was approved by a vote of 32 to 0.  It now goes to the House of Representatives for their consideration.

Contact:  Darlene Schlicher (615) 741-6336 or email:  darlene.schlicher@capitol.tn.gov 
     
    (NASHVILLE, TN), February 18, 2010 – Legislation making it easier for troops who are deployed overseas to vote is advancing in the State Senate after approval by the State and Local Government Committee this week and could be on the Senate floor for final consideration as early as Monday.  The bill, Senate Bill 2681 sponsored by Senator Bill Ketron (R-Murfreesboro), authorizes a county Election Commission to e-mail a ballot to each member of the armed forces, as well as citizens temporarily outside the United States, who are entitled to vote and who have submitted a valid application for a ballot. 
     The legislation helps the state comply with the federal Military and Overseas Voter Empowerment (MOVE) Act, which took effect in October.  That law requires the Department of the Army and Postal Service to expedite the return of ballots by using express mail, since they cannot be returned electronically due to election security concerns.  To assist soldiers and citizens who are living outside the U.S. for work, school or other reasons, the Federal Voting Assistance Program has set up a website where service members can access valuable information and documents to expedite the voting process.  According to the Pew Center on the States, about half of overseas voters fail to vote or to have their votes counted because of current voting rules. 
      “It is outrageous to even think that only half the men and women who serve us ‘in harm’s way’ have their votes counted,” said Ketron. “We need to do everything in our power to make it easier for our soldiers to vote and to have that vote counted.”
     According to Tennessee Adjutant General Max Haston, 5,615 airmen and soldiers are deployed, including Tennessee’s 278th Armored Cavalry Regiment which deployed from Camp Shelby, Mississippi last week to Kuwait.  The Regiment will be stationed in Iraq.
     In other action this week, the newly appointed Adjutant General testified before the Senate State and Local Government Committee, chaired by Ketron, about the Military Department’s budget request.  The Department has jurisdiction over the state’s Army National Guard and Tennessee Air National Guard, as well as the Tennessee Emergency Management Agency (TEMA).  The Military Department was asked by the Administration to cut nine percent from their budget, which Haston said causes concerns  including keeping up with utility costs for the state’s armories. 
     Chairman Ketron appointed a subcommittee consisting of Senator Joe Haynes (D-Nasvhille), Senator Jim Tracy (R-Shelbyville) and Senator Tim Burchett (R-Knoxville) to look for ways to fund the utility costs.  Federal funds used to assist the state’s Military Department for this purpose have dried up, leaving Tennessee without help to ‘keep the lights on’ in the 83 armories across the state.
     “We simply cannot allow armories across this state to shut down while our troops who call them home base are deployed elsewhere,” said Ketron.  “A solution must be worked out.”

 

Contact:  Darlene Schlicher (615) 741-6336 or email:  darlene.schlicher@capitol.tn.gov

     (NASHVILLE, TN), February 18, 2010 – State Senator Ken Yager (R-Harriman) urged TVA officials to assist those who suffered economic damage in Rhea County at a hearing held this week in Nashville to update lawmakers on the agency’s efforts to clean up the December 2008 coal ash spill.  Officials from the Tennessee Valley Authority and the Tennessee Department of Environment and Conservation appeared before a joint meeting of the House and Senate Conservation and Environment Committees regarding the spill, which released more than 5.4 million cubic yards of ash into the Emery River from an on-site lagoon at the Kingston Fossil Plant. 

     Yager, who is the Vice-Chairman of the Committee, repeatedly urged officials of the Tennessee Valley Authority to “make Rhea County whole” as a result of the economic damage resulting from the spill.  He stated multiple times in his opening questions and remarks to TVA’s Steve McCracken, who is the Kingston General Manager, that the marinas and resorts which contribute to the Rhea County economy were hit hard by the loss of business due to public fears about water quality.

     “I attended a public hearing in Spring City last year and was disappointed in the answers the marina and resort owners were getting from the TVA representatives,” said Senator Yager.  “This joint meeting provided an opportunity for me to press Rhea County's case.” 

     McCracken reported that TVA’s main goals are to restore services, stabilize and contain the spill, and to clean up the ash.   Approximately 15,000 yards are being cleaned up every day, with a priority on removal of the ash from the river.  Ash recovered is going to a landfill in Alabama.  He said that another priority is monitoring the effects of the ash on humans and the environment.  Water and air samples are being monitored to make sure the public is safe.  Officials told lawmakers there are no air or water emissions that are affecting the health of anyone on or off the site and that the agency will continue to monitor the area after the cleanup.

     “Progress on the short-term goals is being made. TVA has done considerable work to clean up the actual spill,” added Yager.  “However, there is still much work to be done to meet the long-term goals of economic reparations and assurance to our citizens that the air and water are clean.”

     Five other TVA plants in Tennessee also store coal ash.  These sites have been inspected since the Kingston spill, with more extensive work forthcoming.  TVA has paid $43 million to local communities in reparations for the damages incurred in the spill, none of which have gone to Rhea County.  The total cleanup is estimated to cost up to $1.2 billion.

###

Contact:  Darlene Schlicher (615) 741-6336 or email:  darlene.schlicher@capitol.tn.gov
     
    (NASHVILLE, TN), February 17, 2009 -- The Tennessee Senate approved legislation today by a vote of 26-1-5 to protect the freedom of Tennessee patients to make their own health care choices, regardless of any future federal action.  The bill, called the Tennessee Health Freedom Act is sponsored by Senator Mae Beavers (R-Mt. Juliet), as well as Upper East Senators Rusty Crowe (R-Johnson City), Mike Faulk (R-Church Hill) and Lt. Governor Ron Ramsey (R-Blountville). 
     “For the federal government to have the right to dictate that each citizen sign up for the health care that Congress mandates would be like the federal government dictating that we all buy cars that received federal bail out dollars,” said Senator Crowe, who is Chairman of the Senate General Welfare, Health and Human Services Committee.
    Beavers said the legislation, Senate Bill 3498, would protect a citizen’s right to participate, or not participate, in any healthcare system, and would prohibit the federal government from imposing fines or penalties on that person’s decision.  She said it does not seek to “nullify” any federal law, as it would still allow individuals the option to participate in a federal program. However, the bill acknowledges the right of Tennesseans to refuse to participate in a government-run health insurance program.  It also calls on the state’s Attorney General to take action in the defense or prosecution of rights protected under the legislation.
 
    “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,” added Senator Beavers.  “This act seeks to protect the rights of Tennesseans to choose what type and quantity of health insurance to purchase.”
 
     Action on the bill will now move to the House of Representatives, where it is sponsored by Representative Beth Harwell (R-Nashville).