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Bill gives abused and neglected youth in state custody more opportunities to succeed

Thursday, February 23, 2012

(NASHVILLE, TN), February 23, 2012 --  The Senate Health and Welfare Committee approved legislation this week to help ensure that abused and neglected youth in state custody get the chance they deserve to become healthy and productive adults.  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. 

“Young people who age out of foster care face significant challenges transitioning to adulthood on their own,” said Senator Overbey.  “Most importantly, this bill would give youth in foster care a better opportunity to live successful and fulfilling lives by continuing this program until age 21.  In addition, it has a positive secondary effect on our bottom line in terms of societal costs, including the impact it has on early pregnancy, earnings potential and incarceration costs.”

The vote to approve the proposal came after lawmakers heard compelling testimony from country music star Jimmy Wayne about his experience in the foster care system and his efforts to help these often forgotten youth.  Radio talk show host Michael Reagan, adopted son of the late President Ronald Reagan and Jane Wyman, also expressed his support of the bill in a letter asking Tennessee lawmakers to approve the legislation.

Wayne told Committee members that he was homeless at age 13 after being abandoned by his mother.  After moving in and out of the foster care system, he became homeless again at age 16 until he was taken into the home of an elderly couple where he lived for the next six years.  Wayne said that couple’s support allowed him to go back to high school, graduate from college and pursue his dream of being in the music industry.  

In 2009, Wayne remembered a promise he made as a teenager to “give back” if he became successful.  Since that time he has worked to raise awareness about teenage foster children and the challenges they face, including founding the “Meet Me Halfway” project.   In 2010, Wayne walked 1,660 miles from Nashville to Phoenix to advocate on behalf of foster youth who are in danger of becoming homeless upon being released from state custody at age 18 without vital resources.

Similarly, Reagan wrote lawmakers saying, “The majority of children who age out of foster care are not equipped to live as productive adults.”  He said statistics show that these youth are less likely to graduate from high school, attend college, and become employed or to earn a living wage.  They are also more likely to experience violence, homelessness, substance abuse, unwanted pregnancies and mental illness.  “They deserve the chance to be properly prepared for adulthood,” he said.

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.  Those remaining in care until age 21 were twice as likely to be working or in school at age 19.  Young women remaining in care until age 21 experienced a 38 percent reduction in the incidence of pregnancy before age 20.

“This is one of the most important bills we have before us this session,” said Senator Kerry Roberts (R-Springfield).  “Every study about employment challenges after foster care reveals the same depressing fact that children forced to leave the foster care system without permanent families are too often left without the tools they need to succeed as adults. The tragic effects of being unprepared for adulthood are seen in the disproportionately high rates of incarceration, drug abuse, homelessness, unplanned pregnancy and poor health among former foster youth.”

The bill is part of Governor Bill Haslam’s legislative package, and funds to continue the program are included in the proposed 2012-2013 budget. 

Governor Haslam completes “Top to Bottom Review” of state government departments

Governor Bill Haslam released his administration’s “Top to Bottom Review” of state government departments this week.  Haslam instructed the commissioners of the state’s 22 departments to analyze operational and organizational efficiency thoroughly to see if they are functioning effectively and accomplishing their core mission.

“State government’s role is to provide services that taxpayers can’t get on their own,” Haslam said in a letter delivered to legislators.  “I believe the Governor’s job is to make sure we’re providing those services in the most customer-friendly way and at the lowest cost.”

Each department listed recommendations in the report aimed at improving the use of public resources.  Some of the recommendations are already included in the Governor’s legislative package, while many other efficiencies can be implemented internally.

“We believe this process will result in meaningful change to the benefit of Tennessee taxpayers. While this Top to Bottom Review process is complete, this administration will continue on an ongoing basis to evaluate and improve efficiency and effectiveness in the way we deliver services,” Haslam concluded.

“It is extremely important that any organization, including state government, take a look at itself in the mirror to improve efficiency and effectiveness,” said Senate Republican Caucus Chairman Bill Ketron (R-Murfreesboro).  “The Governor has done exactly this through this review.  It reflects a good business practice that will benefit taxpayers and those who receive state services for many years to come.” 

The report can be found at:  http://forward.tn.gov/toptobottom/index.shtml.

Equal Access to Public Property Act of 2012 receives final approval in State Senate

Legislation which aims to create order in the use of Tennessee’s public lands received final approval by the full Senate this week.  Senate Bill 2508 , called 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. 

The bill 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.  Any items associated with camping in violation of the proposed law would be subject to seizure and forfeiture. 

The legislation aims to protect the state’s interests that are jeopardized by unauthorized camping on state property in an area that is not compatible to or designated for such activity.  The bill states it is in Tennessee’s interests to be “good stewards of public land” and to manage and protect it to ensure that future generations are able to continue to enjoy it by seeing that it is properly used.

The bill states that “perhaps more important are the health concerns that can reasonably be expected to follow from the use of public land by a group of people for an activity never contemplated on that location.  Without necessities such as sanitary facilities, the risk of communicable disease transforms an unauthorized use of public land into a potential public health problem.”

Senator Dolores Gresham (R-Somerville), sponsor of the bill, told the occupiers gathered in the Senate Judiciary Committee hearing room upon consideration there that, “No one will ever deny citizens the right to protest --never--  nor the redress of grievances, nor the ability to come forward.  But when it comes to the public lands of Tennessee and what they were designed for, we have to bring order to that.  This bill is about bringing order to the way we manage our public lands.” 

Gresham said the “occupation” of the Legislative Plaza has “not been without incident.”  Metro Nashville Police have recorded 131 arrests and 1250 incident records, which include vandalism, assaults, lewd acts, a fire, complaints of human feces on the plaza, public drunkenness, possession of marijuana and disorderly conduct.  

The bill now goes back to the House of Representatives for approval of a severability clause amendment before it goes to the Governor’s desk for his signature.  Severability clauses are commonly found in legislation, and state that if some provisions of the law are found to be unconstitutional, the remainder of the statute will continue in force.

Adjutant General Max Haston updates Senate State and Local Government Committee on Military Operations and Natural Disaster Response

     Tennessee’s Adjutant General Max Haston testified before the Senate State and Local Government Committee this week about his department’s budget request, its role in responding to the natural disasters that occurred in the state last year, and its efforts in the Global War on Terrorism.  The Military Department has jurisdiction over the state’s Army National Guard and Tennessee Air National Guard, as well as the Tennessee Emergency Management Agency (TEMA). 

Haston said Tennessee has deployed over 22,000 soldiers in the Global War on Terrorism.   Current troop strength in both Tennessee’s Army and Air National Guard is 14,010 soldiers and airmen, making it the 6th largest in the nation.  The Guard experienced a growth of 362 over last year.  There are 964 total soldiers and airmen in the state’s Army and Air National Guard who are currently deployed.  Recently,  970 soldiers and airmen returned from deployment. 

“Tennessee continues to earn its name as the ‘Volunteer State’,” said State and Local Government Chairman Ken Yager.  “Our state continues to be at the forefront in safeguarding our freedoms.”

Although Haston is confident regarding the immediate flow of federal funds coming to the state’s Army National Guard in 2012 and 2013, he expects drastic cuts in 2014 due to the U.S. Army’s downsizing.  Approximately 85 percent of the state’s Military Department comes from federal funds.  The U.S. Department of Defense could have as much as $1.3 trillion in cuts.  The state’s Military Department is currently taking steps to minimize the impact of the cuts on the Army National Guard in Tennessee by strengthening the readiness of the troops, an action that would make reductions less likely. 

Although the Air Force is starting to make cuts immediately, Haston said the state’s Air National Guard units have fared extremely well in avoiding drastic reductions.  The state has been slated to receive three new units which Haston says is at the “tip of the spear” in military operations. This includes a Cyber Operations Unit, another Intelligence Squadron to compliment the one Tennessee already has, and a Remote Piloted Aircraft Unit.  In addition, the C-5 aircraft located in Memphis will be replaced with new C-17s, which Haston said will “take us into the year 2040.”  The C-17s can also land in over 300 airports in Tennessee to support civilian authorities here.  

On TEMA operations, Haston said there were six disasters in Tennessee which were declared by the President last year, effecting 66 counties, several of which had multiple disasters.  Tennessee has received $19.5 million in federal disaster assistance going to individual citizens and $79.7 million in Federal Emergency Management Agency (FEMA) reimbursements to local governments as a result of these events. 

TEMA coordinated 154 missions last year in responding to the disasters and logged in  2,838 incidents monitored by agency employees.  TEMA has managed “pass through” federal funds of $479 million since 2004, mostly due to an increase in the number of natural disasters.  The Army National Guard also responded to the most severe natural disaster events in Tennessee last year. 

Tennessee teachers and members of the public invited to attend & participate in public forums on new evaluation process
 
Tennessee teachers and members of the public have been invited to attend and participate in eight regional roundtables on the state’s new teacher evaluation process.  Earlier this year, the State Collaboration on Reforming Education (SCORE) was asked by Governor Bill Haslam to lead an independent statewide listening and feedback process on the evaluation system.  SCORE will gather feedback on challenges and concerns, identify what is working well, and report back to the state Board of Education and Department of Education on June 1.

To view details regarding the roundtables or to find the closest one to attend go to http://www.tnscore.org/feedback/.  The website will also allow educators to submit a survey regarding the evaluation system beginning March 1.

Reforming the state’s teacher evaluation system was a critical 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 new teacher evaluation process was designed by teachers and other education practitioners after passage of the law.  The law was passed during the administration of former Governor Phil Bredesen and approved by the Legislature in January 2010, with the evaluation system set to go into effect during the current school year. 
 
Senate Judiciary Committee hears NRA bills

Two bills that would give gun owners the right to self-defense began their journey through the legislative process on Tuesday.  Senate Bills 3002 and 2992, sponsored by Sen. Mike Faulk (R - Church Hill), were presented to the Senate Judiciary Committee and the Senate State and Local Government Committee on Tuesday, as several witnesses, including National Rifle Association (NRA) State Liasion Heidi Keisling, testified in support of the bill.
 
"Together these bills will prevent employers from discriminating and enforcing policies against the storage of lawfully-owned firearms in employees' private motor vehicles,” said Senator Faulk. “Tennessee has already recognized that private vehicles are an extension of our homes. These bills acknowledge this and our Second Amendment rights.”

As introduced, Senate Bill 3002 would recognize that Tennesseans' right to self-defense does not end when they drive onto their employer's property or into publicly accessible parking lots. It will allow firearms to be stored out of sight in a locked vehicle, while providing employer immunity from liability for any damages.
 
Senate Bill 2992 is firearm discrimination prevention legislation that will protect law-abiding gun owners from anti-gun policies put in place by employers across the state, including forced employer firearm registration, random vehicle searches, and "gun zone" parking lots for gun owning employees.

Other witnesses testifying in support of the bill told lawmakers that they were employed in a high crime area and desired to carry a firearm for protection purposes traveling to and from their workplace. 

Debate will continue on the legislation on March 6 when members are expected to vote on the proposal.  In the meantime, lawmakers are working with business owners who have concerns regarding the bill to find a solution that balances the rights of gun owners with those of employers.

Bill would improve market for grape farmers

The Tennessee Senate State & Local Government Committee has approved legislation, sponsored by Senator Mike Faulk (R-Church Hill), designed to help Tennessee's growing grape farming industry.  Senate Bill 3552 would improve the market for Tennessee grapes as state experts estimate 90 farms would seek permits authorized upon implementation of the proposed law, with an additional 15 expected to follow each year afterwards.

“Tennessee farmers in the grape-growing business will get a boost when we pass this legislation,” said Senator Faulk.  “It will allow grape growers to add a new dimension of agri-tourism to their farm sales.  It will also boost state and local sales tax revenues.”

The legislation 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. Tennessee wineries currently pay a premium of 240 percent for Tennessee grapes compared to similar grapes from out-of-state.

The measure now heads to the Senate Finance Committee, its last stop before reaching the Senate floor for final consideration.

State Civil Service System Needs Major Reform, Comptroller Report Suggests

A report released by the Comptroller’s Division of State Audit this week suggests that Tennessee’s civil service system is inefficient, unfair and outdated.  The audit said the system, developed in 1939, centralizes the process for people who wish to apply for civil service jobs within the state’s Department of Human Resources. The department maintains lists, or registers, of potential candidates for job openings.

The report said the system is fundamentally flawed. For example, it said the human resources department ranks potential candidates and recommends them to whichever state departments or agencies have job openings. It says this is inefficient because in many cases the top-ranked candidates are not interested in or may not actually be qualified for the open positions. In addition, it said the ranking process itself lacks transparency, so neither the departments and neither agencies nor candidates know exactly how the process is conducted.

The report says registers are often top heavy with current state employees to the exclusion of people who wish to enter state service, as job openings are not always posted if human resources officials believe they have suitable pools of applicants for those positions.  The system allows employees with more seniority to “bump” less senior employees out of jobs, which can set off chain reactions that displace numerous employees.

The Comptroller’s report recommends that the current system be replaced with a decentralized system that would give departments and agencies the ability to screen and
hire applicants directly.  To view the report online, go to http://www.comptroller1.state.tn.us/repository/SA/sr04056.pdf.

Issues in Brief

Electronic Fraud Hotline – Senator Becky Duncan Massey (R-Knoxville) guided her first bill through the State Senate this week with approval of legislation calling for an electronic hotline for citizens to email any reports of fraud or abuse in state government spending.  Senate Bill 2259 adds electronic notifications to the current telephone hotline authorized under the Advocacy for Honest and Appropriate Government Spending Act.

Baby Boomers / Elderly Care – Tennessee Commission on Aging and Disability Director Jim Shulman told lawmakers on the Senate Health and Welfare Committee this week that by 2030 there will be about 72.1 million persons age 65 and older.  This is twice as many as their number in 2000. Shulman told the committee that it is important that Tennessee is efficient with its resources to serve an increasingly larger aging population.  People age 65 plus represented 12.4% of the population in the year 2000 but are expected to grow to be 19% of the population by 2030.  Baby boomers are typically defined as those individuals born between (and including) 1946 and 1964, totaling 75 million “boomers” or 29 percent of the U.S. population.

State Road Projects – Department of Transportation Commissioner John Schroer told Senate Transportation Committee members this week that his Department has 400 projects under construction, 800 in some form of development, and 550 projects managed at the local level, for a total of 1750 active projects.  Schroer came before the Committee to present the budget for the Tennessee Department of Transportation (TDOT).  Schroer said that since last year TDOT has completed major projects in all regions of the state, including State Route 131  in Knoxville from I-40 to the Pellissippi Parkway, I-40 at White Bridge Road in Davidson County, a portion of U.S. 64 in Hardin County and opened the Chattanooga Transportation Management Center. 

Jobs and Roads / Bridges -- During 2011, the Tennessee Department of Transportation had 7 industrial access road projects at a combined cost of over $8.198 million supporting new or expanding industries.  TDOT Commissioner John Schroer said the projects  represented capital investments totaling $53 million for the creation of approximately 845 jobs with a total income of $27 million.  Schroer also said that, at the end of 2011, TDOT brought 200 of Tennessee’s bridges from structurally deficient or functionally obsolete to structurally or functionally sound.  “While this program ends, we will continue to focus on bridges using both state and federal dollars to continue our efforts in restoring the state’s bridges,” said Schroer. 

CPR / Education – The full Senate approved a House amendment and sent to Governor Bill Haslam legislation calling for schools to include hands-on practice in cardiopulmonary resuscitation (CPR) programs.  The current wellness curriculum in schools requires 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. 

7th and 8th Grade Advanced Math and Science Teachers / Loan Forgiveness – The full Senate approved and sent to the Governor legislation which would allow 7th and 8th grade teachers to apply for up to $17,500 in loan forgiveness funds available for secondary school teachers that teach advanced high school courses in math and science.  Senate Bill 2579 , sponsored by Senator Steve Southerland (R-Morristown) changes the definition of elementary school so 7th and 8th grades can be classified as secondary schools in this case and these teachers can apply for loan forgiveness. 

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Faulk bill aims to help grape farmers

Wednesday, February 22, 2012

 (NASHVILLE, TN), February 22, 2012 --   The Tennessee Senate State & Local Government Committee has approved legislation sponsored by Senator Mike Faulk (R-Church Hill) designed to help Tennessee's growing grape farming industry.  Senate Bill 3552 would improve the market for Tennessee grapes as state experts estimate 90 farms would seek permits authorized upon implementation of the proposed law, with an additional 15 expected to follow each year afterwards.

“Tennessee farmers in the grape-growing business will get a boost when we pass this legislation,” said Senator Faulk.  “It will allow grape growers to add a new dimension of agri-tourism to their farm sales.  It will also boost state and local sales tax revenues.”

The legislation 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. Tennessee wineries currently pay a premium of 240 percent for Tennessee grapes compared to similar grapes from out-of-state.

The measure now heads to the Senate Finance Committee, its last stop before reaching the Senate floor.

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Senator Faulk Presents NRA's "Employee Safe Commute"Bills

Wednesday, February 22, 2012

(NASHVILLE, TN), February 22, 2012 -- Two bills designed to improve a gun owner's right to self-defense began their journey through the legislative process on Tuesday.  Senate Bills 3002 and 2992, sponsored by Sen. Mike Faulk (R - Church Hill), were presented to the Senate Judiciary Committee and the Senate Commerce Committee, as several witnesses, including National Rifle Association (NRA) State Liasion Heidi Keisling, testified in support of the bill.
 
"Together these bills will prevent employers from discriminating and enforcing policies against the storage of lawfully-owned firearms in employees' private motor vehicles,” said Senator Faulk. “Tennessee has already recognized that private vehicles are an extension of our homes. These bills acknowledge this and our Second Amendment rights.”

Other witnesses testifying in support of the bill told lawmakers that they were employed in a high crime area and desired to carry for protection purposes traveling to and from their workplace. 

Senate Bill 3002 as introduced will recognize that hard-working Tennesseans' right to self-defense does not end when the drive onto their employer's property or into publicly accessible parking lots. It will allow firearms to be stored out of sight in a locked vehicle, while providing employer immunity from liability for any damages.
 
Senate Bill 2992 is firearm discrimination prevention legislation that will protect law-abiding gun owners from anti-gun policies put in place by employers across the state, including forced employer firearm registration, random vehicle searches, and "gun zone" parking lots for gun owning employees.

"I'm humbled to be asked by the NRA to be its Senate sponsor for this significant legislation,” added Faulk.

Both Senate Committees will hear the bills again on March 6 when members are expected to vote on the proposal.

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Senator Kelsey files Senate Resolution calling for reversal of federal HHS rule requiring all employers to provide birth control as part of their health care plans

Thursday, February 16, 2012

(NASHVILLE, TN), February 16, 2012 -- State Senator Brian Kelsey (R-Germantown) filed a resolution in the State Senate today urging President Obama and Secretary of Health and Human Services Kathleen Sebelius to reverse the administration's decision requiring all employers to provide birth control as part of their health plans. The birth control mandate is part of the rules implemented as a result of the Patient Protection and Affordable Care Act (PPACA) as spelled out by Sebelius. 

Individuals have not been required previously to participate in a health service program or a research activity funded in some part by the United States Department of Health and Human Services if such participation is contrary to their religious beliefs or convictions.  The retreat from that position has prompted numerous religious organizations, including Catholic bishops, to announce strong opposition to the interim rule.  They have also called for stronger protection of the consciences of religious employers and health plans.

“This action tramples on the liberties of many Tennessee citizens and religious organizations," said Senator Kelsey.  “It could also impose significant costs on Tennessee and other states if religiously affiliated hospitals, schools, universities and agencies which provide social services to the poor are no longer able to continue due to this rule.” 

The bi-partisan measure calls for a copy of the resolution to be sent to the President of the United States, the Secretary of Health and Human Services, and each member of the Tennessee’s congressional delegation upon passage.  Senate Resolution 84 is co-sponsored by Senators Dolores Gresham (R-Somerville), Jim Tracy (R-Shelbyville), Mike Bell (R-Cleveland), Jim Summerville (R-Dickson), Mark Norris (R-Collierville), Bill Ketron (R-Murfreesboro), Mae Beavers (R-Mt. Juliet), Rebecca Duncan Massey (R-Knoxville), Steve Southerland (R-Morristown), Ken Yager (R-Harriman), Mike Faulk (R-Church Hill), Jack Johnson (R-Franklin), Doug Henry (D-Nashville), Reginald Tate (D-Memphis), and Speaker Pro Tempore Bo Watson (R-Hixson).

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Faulk receives final Senate approval of legislation to improve effectiveness of probation system in Department of Corrections

Thursday, February 16, 2012

(NASHVILLE, TN) – The full Senate gave final approval today for legislation sponsored by Senator Mike Faulk (R-Church Hill), Senate Corrections Sub-committee Chairman, to improve the efficiency and effectiveness of Tennessee’s probation and parole system.  The legislation gives the State Department of Corrections 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 keep these offenders on the ‘straight and narrow’ since it follows the prisoner throughout the corrections process,” said Senator Faulk.  “In addition, it increases efficiency in correction operations and will save the state nearly three quarters of a million dollars without any apparent change in personnel.”

 

Senate Bill 2248 is a result of Governor Haslam’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 for prisoners throughout their supervision.  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.     

 

“Anytime you can increase effectiveness and achieve efficiency at the same time it is a win-win for taxpayers and the state government process,” added Faulk.  “I applaud the Governor and his administration for bringing this bill forward and am proud to have carried it to passage for them.”   

 

The bill, which is currently pending action in the House of Representatives Finance Subcommittee, must receive approval by the House before becoming law.   

 

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Tennessee Senators join as amicus parties in challenging the constitutionality of the individual mandate in the Patient Protection and Affordable Care Act (PPACA)

Monday, February 13, 2012

(NASHVILLE, TN), February 13, 2012 – A long list of State Senators in Tennessee, including Lt. Governor Ron Ramsey (R-Blountville), Senate Majority Leader Mark Norris (R-Collierville), Senate Republican Caucus Chairman Bill Ketron (R-Murfreesboro), Senate Speaker Pro Tempore Bo Watson (R-Hixson) and Senate Judiciary Chairman Mae Beavers (R-Mt. Juliet) are among 77 Tennessee lawmakers, 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 Supreme Court today in preparation for the oral arguments scheduled for March 27th and is one of a multitude of briefs filed laying out the unconstitutionality of individual mandates. 

 “The White House plan will stifle innovation and actually increase the cost of insurance,” said Lt. Governor Ramsey.  “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 Leader Norris.  “State’s 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 Chairman Beavers.  “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.”

U.S. District Judge Roger Vinson heard the case in Florida and declared the law unconstitutional on January 31, 2011.  In his ruling, Vinson struck down the entire law after finding the individual mandate violated the Commerce Clause of the Constitution, and that the mandate could not be separated from the rest of the law.  On March 8, 2011, the government filed a notice of appeal with the 11th Circuit U.S. Court of Appeals. The appeals court also found the individual mandate unconstitutional, but ruled the individual mandate to be severable from the rest of the law, and found the remaining provisions "legally operative." The Court of Appeals’ ruling was appealed to the U.S. Supreme Court, which announced on November 14, 2011 that it will hear the appeal.

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 Tennessee 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.  This principle is emphasized in the amicus curiae brief filed today.

Another key provision under consideration by the nation’s high court is the constitutionality of the Medicaid amendments.  The case from Florida says the federal healthcare act exceeds the enumerated powers by creating such a major expansion of the Medicaid program.

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Link to Briefs:
http://www.cato.org/pubs/legalbriefs/HHSvF-Brief.pdf
http://goldwaterinstitute.org/article/department-health-human-services-v-florida

 

 

Student Town Hall Meetings: Taking the People’s House to the School House

Monday, February 13, 2012

(NASHVILLE, TN), February 13, 2012 -- State Senator Mike Faulk (R-Church Hill) today announced the launch of a new civics initiative to help students learn about state government. Called "Student Town Halls," the program is designed to give fifth through eighth graders a first-hand look at civics from the floor of the Senate Chamber in Nashville.
"Most northeast Tennessee students will never get the chance to visit their state capitol. Far too many folks in state government fail to realize it's a 5 hour drive to Nashville for these children. If my students can't come to the Capitol, we're going to take the Capitol to them!" said Senator Faulk.

The pilot project will begin on Thursday, February 16th with Surgoinsville Middle School students. Senator Faulk will speak live to the students at 9:00 am EST / 8:00 CST from the State Capitol’s Senate Chambers. Senator Faulk and the students will communicate by live video feed over the Internet. Students participating will attend the school’s Little Theater which has distance learning equipment for their Town Hall with the Senator. The students will be allowed to ask questions regarding the U. S. and State Constitution, the legislative process or issues before the General Assembly.

“I hope that I can shed light on the processes, the pressures, the issues, the debate, negotiation and other factors that are the very fabric of representative democracy,” said Senator Faulk. “I am hopeful that this will provide a unique opportunity for students to exchange ideas and explore democracy in action face to face."

"It is crucial that we help our children understand that their participation as citizens in this democracy will determine the future course of our state and nation,” added Senator Faulk. “I hope that it will not only shed light on how the legislative process works, but also teach young people the importance of public service.”

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Church Hill Middle School cheerleaders honored by Senate Proclamation

Friday, February 10, 2012

(NASHVILLE, TN), February 10, 2012 – The Church Hill Middle School cheerleaders were recently honored with a Senate Proclamation congratulating them for obtaining “their stellar achievements as national cheerleading champions.  The proclamation was sponsored by Senator Mike Faulk (R-Church Hill) and signed by Lt. Governor Ron Ramsey (R-Blountville).

“These cheerleaders have achieved an extraordinary level of success, including winning the national championship in the annual Spirit of Hope cheer competition in January,” said Senator Faulk.  “We are very proud of them, their families and this school.”

“The Church Hill Middle School cheerleading team epitomizes all that is good in today’s student-athletes, as they have achieved a premier level of success in competition while exhibiting the highest degree of character in all aspects of life,” the Resolution stated.  “The perseverance, determination, work ethic, and talent of this group of young women not only made possible a stellar triumph, but also surely bodes well for their success in every future endeavor.  The General Assembly finds it appropriate to acknowledge and applaud the members of the Church Hill Middle School cheerleading team for their outstanding performance and for serving as examples of the exceptional quality of the youth of Tennessee.”

The group is led by Coach Samantha Rutledge of Church Hill.  Members of the squad are Ally Stidham, Chesney Riner, Katie Long, Tiana Poirier, Rylee Dery, Aubrey Stanley, Tabitha Simpson, Makayla Allan, Kaitlin Scott, Logan Burchett, Hope Johnson, Kayla Gibson, Lauran Franklin, and Shanna Horne.

 

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Norris to withdraw legislation after Attorney General’s opinion

Thursday, February 09, 2012

(NASHVILLE, TN), February 9, 2012 -- Senate Majority Leader Mark Norris (R-Collierville) confirmed today that two bills held on the Senate desk at his request will be withdrawn due to constitutional problems. Senate Bills 3702 and 3703 regarding annexation and municipal boundaries were filed earlier in the legislative session at the request of residents in his district and sponsors in the House of Representatives.  Norris made the announcement after receiving an opinion from State Attorney General Robert Cooper this afternoon.

“As anticipated, the Attorney General has confirmed these bills are constitutionally suspect,” said Leader Norris.  “They will be withdrawn during next Monday’s meeting of the State Senate.”

 Norris said he took the bills drafted by House sponsors Curry Todd (R-Collierville) and Ron Lollar (R-Bartlett) out of concern for their mutual constituents and the Constitution.  Recent consolidation initiatives by the City of Memphis sparked new concerns last year about the viability of annexation reserve agreements between the seven cities of Shelby County. 

 "The subject of these bills is very important to our constituents,” said Senator Norris.  “Citizens in these communities want their voices to be heard which was the impetus for filing the legislation.  New residents, however, are often unaware of the longstanding agreements concerning annexation and urban, planned growth and rural areas in Shelby County under current law and how this effort can run afoul of the state’s Constitution.  Although we felt this would likely be the outcome, it was important enough to our constituents to file the bills and get the Attorney General’s opinion.”

Norris added, “I think there are better ways to go about this.  Several Memphis City Council members seem interested in opening a dialogue about future annexations.  Mayors Wharton and Luttrell are willing to do so, and the Tennessee code provides other alternatives, too -- so perhaps something good will come out of this.”

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Link to the Attorney General's Opinion

 

Anti-Meth Bill Working, NPLEx Already Producing Results

Tuesday, February 07, 2012

Sen. Beavers, Rep. Maggart, and Rep. Hawk Applaud Early Success of Anti-Meth Legislation

NASHVILLE, Tenn. – Just released January data collected by the National Precursor Log Exchange (NPLEx) reveal impressive results for Tennessee in blocking unlawful sales of pseudoephedrine (PSE) at the sales counter. Sponsors of the law are touting the results as proof Tennessee is at the forefront of the fight against meth.

NPLEx uses real-time, stop-sale technology to block PSE sales. NPLEx data also provides law enforcement officials with valuable data to assist in the apprehension of methamphetamine criminals. PSE, the active ingredient in many safe and effective medicines that treat common cold and allergy symptoms—medicines like Advil Cold & Sinus, Claritin-D, and Sudafed— is also used in the manufacture of methamphetamine.

In just one short month since the NPLEx was fully implemented in Tennessee, 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.

This system also incorporates the newly instituted Tennessee’s Meth Offender Registry, a database which contains the names of 2,354 individuals who, due to previous meth-related offenses, are not permitted to purchase medicines containing PSE. In January, the NPLEx system kept 111 of those offenders from making 222 PSE purchases. 

The NPLEx system was a key component of the multifaceted anti-meth bill sponsored by Senator Mae Beavers (R-Mt. Juliet) and Representative David Hawk (R-Greeneville), which was signed into law by Governor Bill Haslam in June 2011. Representative Debra Maggart (R-Hendersonville) was also instrumental in the law’s development, adoption, and implementation.

“These numbers show that NPLEx is working to stop meth crimes before they happen,” Beavers said. “Not only does the electronic technology help law enforcement identify criminals, it also allows law-abiding Tennesseans to continue to purchasing safe and effective cold and allergy medicines without a prescription.”

Rep. Maggart, who serves as Chairwoman of the House Republican Caucus, added, “The fact that NPLEx has blocked over 13,000 grams of illegal pseudoephedrine sales in just one month is an enormous victory for the thousands of cold and allergy sufferers in Tennessee. The success of the electronic technology means these responsible consumers won’t see their access to popular and reliable cold and allergy medicines restricted. NPLEx is providing our state law enforcement agencies with a valuable tool to track down the criminals who are manufacturing meth in Tennessee.”

“I am very pleased that NPLEx is doing exactly what it was designed to do: stop would-be meth cooks from getting the ingredients they need to make this dangerous drug,” stated Rep. Hawk. “Meth is a huge problem in our state, and I applaud everyone who had a hand in the ‘I Hate Meth’ Act for addressing illegal PSE abuse through sensible legislation.”  

 
Additional Background:

Tennessee is one of 17 states that currently use NPLEx, which works across state lines, and tracks and stops illegal sales when the purchaser has exceeded his or her legal limit. As part of the comprehensive anti-meth bill, the law also:

  • Increases the penalty for making meth in the presence of children;
  • Makes it easier to prosecute those who purchase medicines containing PSE at different times and places for the purpose of exceeding the allowable amount, or through use of false identification; and
  • Imposes minimum mandatory fines on those offenders.

Haslam’s Administration also provided an additional $750,000 in state appropriations to the Tennessee Bureau of Investigation and $280,000 in federal Byrne JAG grant funds from the state Office of Criminal Justice Programs available to the TBI.

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