Newsroom

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).

###

 

 

 

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.   

 

###

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.

###
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.”

###

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.

 

###

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.”

###

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.

--30--

 

Senator Overbey Schedules Blount County Listening Tour

Tuesday, February 07, 2012

(NASHVILLE, TN), February 7, 2012 -- State Senator Doug Overbey (R-Maryville) today announced that he has scheduled several stops in Blount County as a part of a four-week “Listening Tour” to meet with the people of Blount and Sevier Counties and hear their concerns regarding issues before the State Legislature this session. 

      "The General Assembly is facing decisions that affect all citizens on many important issues before us such as our state budget, creating a climate to promote job growth, tax relief, curbing crime, and providing for more efficient and effective state government, to name a few," said Senator Overbey.  "I want to be open and available to hear from area citizens about these and other important issues before us, as well as offer any assistance with state government agencies.” 

      Overbey will be available at the following locations scheduled for Blount County:
Saturday, February 11:
8:00 am / Laws Brick Mill Market, 103 Brick Mill Market Road, Maryville
9:00 am / BP Downey Oil Co, 601 411 South, Maryville
10:00 am / Laws Market and Deli No 2, 2246 Carpenter’s Grade Road, Maryville
11:00 am / Hill’s Market, 3302 Wilkinson Pike, Maryville

Saturday, February 25:
8:00 am / Friendsville Market, 108 Endsley Quarry Lane, Friendsville
9:00 am / Louisville Express Mart, 2954 Topside Road, Louisville
10:00 am / Westgate Market, 2045 W. Lamar Alexander Pkwy., Maryville
11:00 am / E-Z Stop Food Mart, 2426 W. Lamar Alexander Pkwy., Maryville

Overbey will visit locations in Sevier County on March 3 and 10 with specific stops to be announced later.

      “I am looking forward to listening to our local citizens’ views on how we can make our state a better place to live," Overbey concluded. 

###

 

Senator Yager signs on as co-sponsor of legislation giving teachers protection and more authority regarding discipline in the classroom

Monday, February 06, 2012

“It is unfair to hold teachers responsible for the progress of persistently disruptive students in their evaluations”

(NASHVILLE, TN), February 6, 2012 – State Senator Ken Yager (R-Harriman) today said he is a co-sponsor of two bills 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.

“Teachers cannot teach when they have persistently disruptive students in their classroom,” said Senator Yager.  “It is also unfair to hold teachers responsible for the progress of disruptive students who are out of their control.  This legislation establishes a procedure to remove a student to an alternative educational setting if they continue with disruptive behavior.”
 
Senate Bill 3116 requires local Boards of Educations to clearly establish a complete policy regarding a teacher's ability to remove a student from the classroom and relocated the student to another educational location for the student's safety or the safety of others.  The bill also allows teachers to intervene in a physical altercation between tow or more students or a student and another school employee if necessary to end the fight.

“Teachers can risk being sued if they step in to stop a fight,” said Senator Yager.  “This should not be the case.  If a teacher intervenes in a physical altercation to break up a fight while students are under their watch, or if they are simply defending themselves, they should not have to fear being sued.”
 
The legislation applies to altercations on school property, as well as at official school functions or sporting events.  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.
 
“We must give our teachers the tools to maintain discipline in the classroom,” added Yager.  “These bills would go far to accomplish this.”

###

 

Senator Faulk: “200th Anniversary of Powerful New Madrid Earthquake in Tennessee is reminder of the need for natural disaster preparedness”

Friday, February 03, 2012

Teachers can access valuable resources from state’s CERI center

(NASHVILLE, TN), February 3, 2012 --  Next week’s 200th anniversary of Tennessee’s powerful New Madrid earthquake should serve as a reminder of the need to prepare according to State Senator Mike Faulk (R-Church Hill).  Tennessee was the site of three great earthquakes that have occurred in the Upper Mississippi region, including a major quake on February 7, 1812 which ranks among the most significant geological events in U.S. history.

Senator Faulk is a member of the Senate Energy and Environment Committee.

Although West Tennessee’s location on the New Madrid fault presents the most serious concern for the state, the U.S. Geological Survey reports activity has occurred in the eastern part of the State as well.  A strong shock centered at Knoxville on March 28, 1913, was felt over an area of 7,000 square kilometers in eastern Tennessee. Two shocks were felt in many places. In addition, an earthquake sequence consisting of one foreshock, a magnitude 4.6 main shock, and more than 30 aftershocks occurred south of Knoxville during the latter part of 1973. 

“The anniversary of one of the greatest geological events in U.S. history right here in our state should serve to remind us of how quick and severe natural disasters can strike,” said Senator Faulk.  “It also gives us an excellent opportunity to look at our state’s geological history and study the factors which make our state vulnerable to any future event.  But most of all, it reminds us that we need to be prepared.”

Faulk said the University of Memphis has the premier institute in the world for seismic study. CERI (Center for Earthquake Research & Information) which provides all the proof one needs to recognize east Tennessee is also a seismic hotspot.  The Center provides valuable resources to teachers and students regarding earthquakes and preparedness. 

"We have an obligation to let folks know that East Tennessee, too, is in an active seismic zone so we should recognize the signs of earthquake." said Faulk. "In the coming weeks I'll be sharing information with East Tennessee first responders about seismic activity just to make sure we keep our preparedness edge."

For additional information, contact CERI at 3890 Central Ave., Memphis, TN 38152.  Information regarding Tennessee can also be obtained from the U.S. Geological Survey at:  http://earthquake.usgs.gov/earthquakes/states/tennessee/history.php.

###