Report shows 2011 job growth is best in 5 years

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

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

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

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

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

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

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

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

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

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

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

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

Governor Haslam has stated his mission is to develop strategies which help make Tennessee the No. 1 location in the Southeast for high quality jobs. The Governor and key staff have traveled the state to meet with more than 2,000 companies and over 700 economic development stakeholders.
 
“This is great news,” said Senate Republican Caucus Chairman Bill Ketron (R-Murfreesboro).  “The Governor’s job’s team has worked very hard and should be commended for this success.  We have also continued to focus on job creation through making Tennessee’s business environment welcoming to new jobs.  This includes defeating job killer bills which have come before us over the past several years.” 

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

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

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

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

Judicial diversion is a process in criminal law where a person pleads guilty to a crime and can later have the charge removed (or expunged) from their record following a period of probation.  It is granted by the judge, hence its name “judicial.”  A person is eligible for judicial diversion in Tennessee if the person does not have a previous class A misdemeanor, felony conviction, or never received diversion or had his or her record expunged before.  Those charged with a class A felony, a class B felony, a sexual offense, or a DUI are not eligible for judicial diversion under state law. 
 
“As officials, we ask for these jobs,” said Senator Yager.  “The citizens who allow us to serve do not expect us to solve every problem, but they do expect us to exercise good judgment and to stay honest.  We have all heard that adage that a public office is a public trust.  Public officials must be held to a higher standard.  The privilege of diversion should not be allowed to wipe the slate clean of an official who has disgraced himself during his or her tenure in office.”

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

The Senate Judiciary Committee has approved legislation to extend a $25,000 death benefit currently provided to local police officers or sheriffs’ deputies to state employees engaged in the detection and prevention of crime.  Senate Bill 2204, sponsored by Senate Majority Leader Mark Norris (R-Collierville), would provide a death benefit to Tennessee Highway Patrol, Tennessee Bureau of Investigation (TBI) agents, Tennessee Wildlife Resources Agency officers, Park Rangers employed by the Department of Conservation and Environment, and bomb and arson officers in the Department of Commerce and Insurance.  The death benefit would apply to employees who are killed in the line of duty.
 
“This is a benefit I hope Tennessee never has to pay.  We pray for the safety of all our officers,” said Senator Norris, “but we recognize the dangers that many of them face. History involving the death of officers while performing their duties proves the need for this benefit.”
 
State law currently limits the $25,000 death benefit to sheriff’s deputies or any police officer employed by a municipality whose primary responsibility is the prevention and detection of crime and apprehension of offenders.  The bill simply adds law enforcement officers employed by the state to those covered under that law.
 
“We certainly need to make sure that the families of Tennessee’s law enforcement employees have the same death benefit currently provided to local police officers,” added Norris.  “We have many brave officers who work for Tennessee.  They need to know their families will be considered if they die in the line of duty."

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

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

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

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

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

Issues in Brief

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

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

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

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

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

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

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

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

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

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

The products are sold under the guise of “bath salts” or “plant food” but are comprised of a class of chemicals perceived as mimics of cocaine, LSD and methamphetamine.  The effects include impaired perception, reduced motor control, disorientation, extreme paranoia and violent episodes.  Experts say the long-term physical and psychological effects of the drug are unknown but warn they could be severe.   
 
“The General Assembly passed legislation to ban the chemical compound used in synthetic drugs; however, unscrupulous chemists manufacturing the drugs continue to modify molecules in the organic compound to avoid prosecution,” said Senator Beavers.  “By the time a new synthetic drug is discovered and banned, another altered form of the compound has taken its place.”

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

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

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

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

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

Bills help teachers address student discipline

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

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

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

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

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

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

Treasurer Lillard discusses need for strong Tennessee College Savings Plan

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

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

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

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

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

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

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

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

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

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

Tennessee STEM Education Caucus kicks off inaugural meeting

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

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

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

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

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

Issues in Brief

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

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

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

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

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

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

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

Teacher Evaluation System debated in Senate Education Committee

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

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

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

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

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

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

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

Meth bill tightens loophole in the state’s Registry

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

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

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

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

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

Tennessee’s finances are sound says State Comptroller Justin Wilson

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

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

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

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

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

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

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

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

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

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

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

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

Tennessee sees substantial gains in improved health status

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

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

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

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

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

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

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

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

Senate Energy and Environment Committee hears State Park Update

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

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

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

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

Issues in Brief

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Higher than Expected Revenues Help with Budget Challenges

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

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

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

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

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

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

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

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

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

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

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

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

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

AAA Commends Legislature for its Work on Road Safety

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

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

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

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

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

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

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

Issues in Brief

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

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

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

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

The May 21 adjournment date is one of the earliest completion dates for a legislative session in the last decade. 
 
Budget -- The budget represents an overall 3.7 percent decrease from the $32 billion budget adopted last year.  It maintains essential government services by focusing reductions in administrative areas to minimize any impact felt by Tennessee taxpayers. It continues the commitment to education by fully funding the Basic Education Program, provides Hall Tax relief for seniors, and does not increase taxes on Tennesseans. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Senate Bans Use of Pre-Trial Diversion for Felonies

Legislation that eliminates pretrial diversion for the most dangerous criminals in Tennessee has passed the General Assembly.  Senate Bill 1234, sponsored by Senator Ken Yager (R-Harriman), centers on defendant accountability in the judicial system and also speaks to the constitutional rights of victims to have their voice heard.
 
Pre-trial diversion was created in 1975 giving the District Attorney General the sole discretion whether or not to grant an application to an otherwise qualified defendant. 
The bill alters the definition of “qualified defendant” for probation purposes to include a defendant charged with a misdemeanor who is not seeking deferral of further proceedings for driving under the influence or has not previously been convicted of a felony or Class A misdemeanor for which they have previously been granted judicial diversion.  No felony crimes would be eligible for pre-trial diversion under the bill.

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

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

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

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

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

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

"This bill helps to ensure that those working in Tennessee are here legally,” said Senator Jim Tracy (R-Shelbyville), sponsor of the bill.  “Illegal immigration has a large financial impact on taxpayers, not to speak of national security concerns.  We must begin to address this problem and this legislation is a big step in the right direction towards that goal.”
 
E-Verify, an Internet-based system operated by the Department of Homeland Security in partnership with the Social Security Administration, allow participating employers to electronically verify the employment eligibility of their newly hired employees by entering their name and a social security number.  It is free to employers in all 50 states, including Tennessee where more than 4,000 businesses have voluntarily participated in the system.  The E-Verify system is 97.4 percent accurate. 

The measure would penalize businesses for violation of the law with escalating consequences for repeated offenses.  It also provides a mechanism for small businesses without Internet access to call the Department of Labor for verification assistance.  Under the bill, businesses would keep verification records for three years after the hire or one year after termination of the person’s employment.  It does not apply to those employed before the January 1, 2012 enactment date and will be applicable in phases depending on the number of workers employed by a business.

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

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

Legislature passes bill strengthening Tennessee’s Anti-Terrorism Law

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

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

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

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

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

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

Violent Juvenile Sex Offenders Added to Tennessee Sex Offender Registry

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

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

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

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

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

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

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

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

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

In Brief….

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

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

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

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

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

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

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

###

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Ballot bill would strengthen integrity of elections in Tennessee

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

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

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

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

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

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

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

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

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

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

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

The bill now goes to the governor for his signature.

Bill stiffens punishment against looters who take advantage of storm victims

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

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

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

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

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

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

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

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

In Brief….

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

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

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

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

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

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

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

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

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

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

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

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

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

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Disaster relief sought for storm-ravaged and flooded Tennessee counties

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

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

As a result of the severe weather, Tennessee suffered 37 fatalities and more than 500 homes were destroyed or sustained major damage. 
 
In addition, Governor Haslam has asked President Barack Obama to authorize emergency funding of $10 million to assist the state and local jurisdictions with evacuation preparedness and activities in West Tennessee due to flooding that began April 21, 2011, a result of the record rainfall on the Mississippi, Tennessee and Cumberland rivers.  The Mississippi River is expected to crest at the highest levels next week.  Should this request be granted, local governments in Dyer, Lake, Shelby and Stewart counties would have access to direct federal assistance for evacuation actions. 

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

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

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

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

“This legislation would allow a judge to admit evidence or facts which have inadvertently been tainted due to a technical error so the jury can then make a determination on all the facts,” said Senator McNally.  “This will allow justice to be administered in an objective and balanced manner.”
 
“Prior to 1979, only evidence obtained by unlawful search and seizure was excluded,” added Senator McNally.  “That year the Tennessee General Assembly changed the standard to unlawful or invalid search and seizure.  Unfortunately, the lack of action by the courts as well as the legislature has precipitated the possible release of murderers and rapists since passage of the 1979 law due to minor defects in a warrant.”

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

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

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

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

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

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

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

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

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

“The collective bargaining system that we have rewards average,” said state Sen. Kerry Roberts (R-Springfield). “Collective bargaining agreements underpay outstanding teachers and overpay underperforming teachers.  I want to vote for the outstanding teachers in Tennessee.”
 
Conditions set forth in the professional manual would be binding on the LEA and must be reviewed a minimum of every three years to allow for continuous teacher and parent input. 

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

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

Innovative school bills pass Education Committee

Legislation sponsored by Senate Speaker Pro Tempore Jamie Woodson (R-Knoxville) that would allow a local education agency (LEA) to create an innovative school district (ISD) has been approved by the Senate Education Committee.  The legislation, Senate Bill 252, contains a number of safeguards and accountability measures, including the requirement that a waiver must be obtained from the State Board of Education in order to convert to an ISD. 
 
"This legislation provides traditional systems a structure and process to create an innovative school district in order to address the particular needs of their students" said Speaker Pro Tempore Woodson.  "This is an important tool to promote innovation and creativity in our schools across the state in our continued effort to improve student achievement."

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

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

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

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

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

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

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

Bills strengthening Tennessee’s cyberbullying law progress in State Senate

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

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

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

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

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

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

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

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

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

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

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

Senate Bill 1039, sponsored by Senator Bill Ketron (R-Murfreesboro), requires Tennessee’s licensing boards to establish a procedure to expedite the issuance of a license, certification or permit to perform professional services regulated by each board to the spouse.  It would apply to military spouses who are currently licensed in a profession in another state, as long as they relocate with their husband or wife and have been transferred in the line of duty. 
 
“Most decisions to stay in the military are made around the kitchen table and not in the personnel office,” said Senator Ketron.  “To retain our trained and experienced military we must maintain the family.  This bill helps spouses with some complications that arise as a result of military service such as a delay in obtaining a professional license upon being transferred.”

Ketron said professional-licensing requirements often differ among states, limiting career advancement or deterring re-entry into the work force for military families moving to new locations.  Military spouses relocate every two to four years on average.  Over 70 percent of those surveyed say they either want or need to work.  However, delays of four to six months are commonly incurred in getting a license.  Ketron says this has a detrimental impact on the military spouse’s ability to find employment due to the frequency of military moves.
 
“This bill is to support our troops and their families and ease a burden that presents a significant problem,” added Ketron.  “Sometimes spouses become discouraged and give up their careers in health professions, law, finance and education to take lower paying jobs for which they are frequently over-qualified.  We need to do everything we can to help expedite the licensing process so this does not happen.”

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

In Brief….

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

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

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

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

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

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

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

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

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

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

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

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(NASHVILLE, TN), April 28, 2011 –  Jobs continued to headline debate on Capitol Hill this week as members of the Senate Commerce, Labor and Agriculture Committee and the Senate Judiciary Committee voted to approve two key bills designed to draw new businesses to Tennessee.  This week’s action, however, was overshadowed by reports of massive storm damage as the Volunteer State was one of several states in the Southeast which were hit by the worst tornado outbreak in recent U.S. history on Wednesday. 

As of Thursday, there were 202 reported fatalities in six states as a result of the storms with the count expected to increase.  State officials have estimated 30 deaths have occurred in Tennessee due to the storms, but the total is expected to climb with three persons reported as missing.

Prayers for those devastated by the tornadoes were lifted in the chamber of the State Senate on Thursday led by Senator Mike Faulk (R-Church Hill).  Senators remembered the families and communities which must now work to rebuild in the aftermath of the storms.  The Senate also remembered those who could be impacted by flooding in West Tennessee.  Flood levels are expected to rise to levels unseen since 1937. 

“The destruction of these storms is unbelievable,” said Senator Steve Southerland (R-Morristown) whose district was hit by a tornado, a rare occurrence in the mountainous East Tennessee terrain.  “Our thoughts and prayers are with the families and loved ones of those that lost their lives in the storms.”

“Our hearts and prayers go out to those who have lost family members due to the storms,” added Senator Mike Bell (R-Riceville) whose district also experienced multiple fatalities due to the storms.  “This has truly been one of the worst disasters to hit our area and we will work with the governor and others to help those who have suffered losses as we rebuild our communities.”

Lawmakers are working with Governor Bill Haslam and Tennessee’s emergency agencies as the state assesses damages, which is the first step taken before federal assistance is requested to recover from storm damage.  A federal disaster declaration would make emergency funds available for the repair and replacement of property damaged by the storms.

Jobs / Workers’ Compensation -- On the jobs bills passed this week, the Senate Commerce, Labor and Agriculture Committee has passed legislation which makes changes to the state’s workers’ compensation system.  The measure aims to put Tennessee in a better competitive situation with neighboring states in regards to the costs of doing business.

“Tennessee is consistently a higher-cost state in which to do business regarding workers’ compensation,” said Senate Majority Leader Mark Norris (R-Collierville), sponsor of the bill.  “This legislation builds on the reform measure passed in 2005 by adopting best practices from states with more effective systems to make us more competitive in bringing new jobs to the state and growing existing business in Tennessee.”

Review of worker compensation cost data from four companies that have similar facilities in Tennessee and other states show the cost here was 5, 7 and 11 times higher.  In a state-to-state comparison of like claims in carpal tunnel syndrome, Tennessee is 100 percent higher than its sister states.  The study also shows that state indemnity costs for workers’ compensation rates have risen over the last ten years by 30 percent for permanent partial disability and 45 percent for temporary total disability as compared to a 19.4 percent increase in the consumer price index.      

Factors contributing to the higher cost include Tennessee’s complicated and unpredictable workers’ compensation system.  Currently, the system is open to interpretation which encourages litigation.  It also entails a longer wait time for injured workers to reach a conclusion regarding claims.

Senate Bill 932 would return the state’s workers’ compensation to the system in which it was originally intended by calling for a “no-fault” system.  The purpose is to replace lost wages when injured employees are medically unable to work and pay for health services and physicians charges due to work-related injuries. 

The proposal would reduce lengthy court cases and result in more timely payments to employees.  It removes unnecessary and illogical restrictions from the parties’ ability to resolve and settle future medical benefits. 

Another key element of the bill is to provide a clear definition of injury in workers’ compensation cases, an important point not addressed in the 2005 reform law.  Under the bill, an injury would be “accidental” only if it is caused by a specific incident (or incidents) arising out of and in the course of employment and is “identifiable by time and place of occurrence.”  Diseases would be excluded, except when they arise “naturally and is unavoidable” due to the worker’s employment.  The opinion of a selected physician from the employer’s designated panel would be presumed correct regarding the cause of an injury unless the contrary is proved by a preponderance of the evidence. 

“The bill is a logical next step to the 2005 workers’ compensation reform law so we have a standardized system which is consistent across the state and provides quicker and more predictable results,” concluded Norris.

Civil Justice Act -- The second jobs bill, which is part of Governor Bill Haslam’s legislative agenda, is the Civil Justice Act of 2011 which was approved by the Senate Judiciary Committee on Tuesday.  That legislation is also designed to provide certainty and predictability for businesses, while ensuring that injured plaintiffs receive all of the economic, quantifiable damages that they suffer.  The proposal, Senate Bill 1522, is sponsored by Senate Majority Leader Mark Norris (R-Collierville) and Senator Brian Kelsey (R-Germantown). 

“This is another step toward making Tennessee’s civil justice system competitive within the Southeast,” said Senator Norris.  “Tennessee is the only state in the Southeast that has no limits on punitive damages.  We must be aggressive in bringing new jobs to our state in a very competitive environment with our neighboring states, while protecting those who are injured.  This bill accomplishes all of these goals.”

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

“This bill provides certainty and predictability for businesses, while ensuring that injured plaintiffs receive 100 percent of the economic, quantifiable damages they suffer,” added Senator Kelsey.  “I am very pleased it has been approved.  This was a key committee vote, and I look forward to the next legislative step, which is approval by the full Senate on final consideration.”

If approved by the full House and Senate, the bill would take effect October 1, 2011, and apply to all liability actions for injuries after that date.

Anti-Terrorism bill overcomes major hurdle with Senate Judiciary Committee approval

The Senate Judiciary Committee voted 6 to 3 this week to approve an anti-terrorism bill aimed at curbing the incidence of homegrown terrorist acts in the state before they occur.  The proposal, called the “Material Support to Designated Entities Act of 2011,” is sponsored by Senate Republican Caucus Chairman Bill Ketron (R-Murfreesboro). 

The vote came after the committee approved an amendment which ensures an even-handed and non-discriminatory approach in defining how an entity is designated a terrorist organization.   

“The purpose of the bill is to criminalize the knowing provision of material support to known designated domestic and foreign terrorist entities,” said Senator Ketron.  “The idea is to cut off the support for those who are planning to commit terrorist acts in Tennessee since it is the support that typically makes the acts more likely to occur.  The difference our bill makes is that it works to prevent the attack rather than simply punishing for it afterwards.”

After investigation and recommendation from the Commissioner of Safety and the Director of the Tennessee Department of Homeland Security, the legislation allows the Attorney General and the Governor to jointly “designate” a domestic terrorist entity.  Once designated, the bill forbids that material support or resources be provided to the designated entity.  It creates a Class B felony offense for knowingly providing material support or resources once that designation has been made.

The legislation prescribes procedures to challenge, revoke, or amend a designation.  This includes multiple internal checks and balances to protect against potential abuse.  The proposal is closely modeled after the federal anti-terrorism material support statutes which have been upheld by the U.S. Supreme Court.

“We are building on Tennessee’s 2002 anti-terrorism law that prescribed penalties after a terrorist act is committed,” added Ketron.  “However, this bill will enable state and local law enforcement to act decisively before an act occurs.”

“We have had multiple meetings with all parties, including those who are opposed to the legislation,” he continued.  “The bill, as amended, is a non-discriminatory measure that gets at the problem of material support for homegrown terrorism, without any doubt that it does not impact peaceful religious practices of any religion.”

Legislation to curb meth production passes full Senate
Bill stiffens penalties for making the illegal drug in the presence of a child

The full Senate 31 to 0 to approve major legislation to stiffen penalties for making methamphetamines in the presence of a child and implement a statewide electronic tracking system to curb meth production in the state.  The system, called NPLEx (National Precursor Log Exchange), would monitor and block illegal purchases of over-the-counter cold and allergy medicines containing pseudoephedrine (PSE), a key ingredient in methamphetamine production.

“There is currently no mechanism in place in Tennessee to block illegal PSE sales in real time, as many pharmacies and retailers rely on handwritten, paper logbooks to track purchases,” said Senator Mae Beavers (R-Mt. Juliet).  “As a result, criminals have learned to circumvent the current system.  This bill would prevent the sale of meth precursors to those who manufacture the illegal drug, as well as stiffening penalties against those who expose children to the dangerous effects of cooking methamphetamines.”

Senate Bill 1265 requires that as of January 1, 2012, all pharmacies must use NPLEx, which would export the data to law enforcement.   The NPLEx system will be at no cost to pharmacies or the state.  NPLEx must have a stop sale mechanism in place by that time for potential purchasers over the allowable purchase limit and anyone on the meth offender registry.  The proposal also calls for a pharmacist or pharmacy intern to counsel the potential purchaser of a product containing pseudoephedrine before the transaction takes place and may decline the sale if it is deemed not to be for a legitimate medical purpose. 

The bill also sets amounts of pseudoephedrine that can be purchased.  A buyer cannot purchase more than 3.6 grams of a pseudoephedrine product per day or more than 9 grams per 30-day period unless they have a valid prescription or face a Class A misdemeanor penalty.  Doctor or pharmacy shopping to obtain more than that limit, often referred to as “smurfing,” would become a Class A misdemeanor subject to a fine of $1,000 for the first offense and $2,000 for second and subsequent offenses.  The bill also changes the amount of pseudoephedrine in a person’s possession necessary to establish intent to manufacture meth from 20 grams to 15 grams.  Fines assessed under the proposal will be used for cleanup of meth labs.

The provision stiffening penalties against making meth in the presence of a child would take place on July 1, 2011.  The bill would make the crime aggravated child endangerment which is punishable as a Class A felony if the child is eight years old or younger and a Class B felony if the child is over the age of eight.

In addition, the bill calls for the Comptroller to conduct a thorough study of meth and the availability of pseudoephedrine as a factor in the manufacture of meth, with the results of the study to be released no later than January 1, 2013.

“I appreciate Chairman Beavers’ work and diligence on a very serious issue that affects a number or our counties,” added Senator Randy McNally (R-Oak Ridge), a pharmacist who also worked on the bill.  “Meth is tearing apart a number of counties in our state and putting a tremendous cost on local governments and state government.  This bill goes a long way in addressing those problems, while providing safeguards to the consumers of nasal decongestant products so they will still be available to them and easily accessible.” 

Legislation passed by Tennessee Senate prohibits drug felons who do not seek treatment from receiving welfare benefits

The Tennessee Senate has approved legislation that prohibits an individual convicted of a felony for possession, use, or distribution of a controlled substance from being eligible to receive Families First program benefits.  Senate Bill 96, sponsored by Senator Jim Tracy (R-Shelbyville), would apply to welfare recipients convicted on or after July 1, 2011 and would extend for a period of three years unless the individual receives treatment for substance abuse.

Families First is Tennessee’s welfare reform program, which began in September 1996 under a federal waiver, and which replaced the Aid to Families with Dependent Children (AFDC) program.  Benefits to children would not be affected under provisions of the bill.

“It is not fair for hardworking taxpayers to subsidize welfare payments for those who have been convicted of felony drug charges,” said Senator Tracy.  “This bill gives these individuals notice that our charity is extended as long as they enroll and successfully complete treatment.  The bill, however, puts a stop to endless payments to those who continue to ignore our drug laws and who continue to abuse the system for public assistance.”

In Brief…

Good Faith Exception to the “Exclusionary Rule” – The Senate Judiciary Committee has approved legislation that allows a judge to give a jury access to evidence or facts obtained as a result of a search or seizure which contains a minor technical error.  Many states, as well as the federal courts, have enacted what is known as the “common sense” or “good faith exception” to the exclusionary rule regarding suppression of evidence in violation to the fourth amendment, or unreasonable search and seizure.  The proposal, SB 559 sponsored by Senator Randy McNally (R-Oak Ridge), attempts to balance the scales of justice to a standard embraced by the U.S. Supreme Court in United States v. Leon and Herring v. United States, which was the law in Tennessee prior to 1979.  This standard allows the judge and jury to weigh all the facts and still administer justice in an objective manner. 

Presidential Preference Primary Date -- The full Senate gave final approval to Senate Bill 599 to change Tennessee's presidential preference primary date to the first Tuesday in March.  The measure, sponsored by Senate Majority Leader Mark Norris (R-Collierville), was moved as a result of actions taken by the governing bodies of both national political parties. Failure to move the primary would preclude Tennessee delegates from having full delegate representation at Republican and Democrat national conventions.

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

Commercial Fishing Advisory Committee -- Senate Bill 1140 was passed by the full Senate this week which requires the Tennessee Wildlife Resources Agency (TWRA) to take certain steps to make the commercial fishing industry more viable in the state.  The bill sets up a Commercial Fishing Advisory Committee which members would include licensed commercial fishers and roe fishers, dealers, and buyers. The members of the committee would serve as volunteers and would not be paid or reimbursed for time served.  The purpose of the bill, sponsored by Senator Jim Summerville (R-Dickson), is to bring back a vital commercial fishing industry, while making sure it is reasonably regulated and does not interfere with sport fishing.

Road Funds / Sponsorship -- Two bills, Senate Bill 31 and Senate Bill 32 sponsored by Senator Jim Tracy (R-Shelbyville), were approved by the full Senate this week to allow companies to advertise on the Tennessee Department of Transportation’s (TDOT) emergency trucks and messaging boards respectively.  Tennessee’s road fund is in dire need of additional funding as the stimulus money for transportation expires and economic conditions continue to present the need for budget cutbacks.  The funds raised by the effort would go to TDOT to build or repair roads.  Under the bill commercial sponsorship cannot include alcohol, tobacco, adult-oriented establishments, political candidates or issue or any unlawful activities. 

Transportation / Coordination -- Senate Bill 523, sponsored by Senator Jim Tracy (R-Shelbyville), was passed on final consideration in the State Senate to create an Interagency Transportation Coordination Committee.  The committee will create a five-year strategic transportation coordination plan to guide its work to improve transportation coordination efforts of state and local governments to increase effectiveness and financial efficiency. 

Collective Bargaining / Teachers – The Senate Finance Committee approved legislation sponsored by Senator Jack Johnson (R-Franklin) that would delete provisions of state law put into place in 1978 which set apart the right for teachers’ unions to use collective bargaining to negotiate terms and conditions of professional service with local boards of education.  Senate Bill 113, as amended, sets up a process to ensure that every teacher has a right to make his or her voice heard regarding the terms of employment, not solely those of union members through a union leader.  Under the revised bill local education authorities (LEAs) are required to draw up an employee manual to address matters pertinent to employment and provide teachers with an opportunity to make their voices heard.  The manual includes such matters as salaries, wages, benefits (insurance and retirement benefits), leave, student disciplinary procedures and working conditions.  The professional manual would be binding on the LEA and must be reviewed a minimum of every three years.  Testimony on the bill was heard on the Senate floor on Thursday, but a final vote was deferred until next week.  According to the Tennessee School Boards Association, 92 of 136 LEAs in the state have collective
bargaining agreements.

Nursing Mothers – Legislation which authorizes mothers to publicly breastfeed a child beyond the current 12-month age limit without being prosecuted for public indecency has been signed into law by Governor Bill Haslam.  The proposal, Senate Bill 83 sponsored by Senator Mike Faulk (R-Church Hill), will take effect on July 1.   According to the American Academy of Pediatrics (AAP), breastfeeding protects against a variety of diseases and conditions in the infant such as bacterial meningitis, bacteremia, diarrhea, respiratory tract infections, necrotizing enterocolitis, ear infections, urinary tract infections and late-onset sepsis in preterm infants.  It can also protect the child against developing type one and type two diabetes, lymphoma, leukemia, and Hodgkins disease, as well as childhood obesity.  In addition, breastfeeding provides long-term preventative effects for the mother, including an earlier return to pre-pregnancy weight and a reduced risk of pre-menopausal breast cancer, ovarian cancer and osteoporosis.

Blue Alert -- The full Senate adopted a House amendment and sent to the governor legislation that would allow law enforcement to immediately put out information about suspects when a police officer is missing, injured or killed in the line of duty.  Senate Bill 655, sponsored by Senator Jim Tracy (R-Shelbyville) would work similar to the America's Missing Broadcast Emergency Response (AMBER) system used to get instant information out regarding serious child abduction cases.    The Blue Alert would be used when a suspect has not been apprehended and is considered a serious threat to the public.  The Tennessee Bureau of Investigation (TBI) would use the statewide infrastructure of the AMBER Alert system to facilitate a Blue Alert.

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NASHVILLE, TN), April 21, 2011 – Senate Committees worked at “full steam” this week as they wrapped up budget hearings for various agencies and departments of state government and moved a number of important bills to the Senate floor for final action.  Two Senate committees, the Transportation Committee, and the Senate Environment, Conservation and Tourism Committee, have closed for the year.  The remaining committees are preparing to conclude their business within the next two to three weeks, as the General Assembly is working to adjourn the 2011 legislative session before Memorial Day.
 

Jobs plan announced -- Jobs, education and finding government efficiencies continue to be the focus on Capitol Hill, both in the legislature and the governor’s office, as Governor Bill Haslam announced his Jobs4TN Plan this week.  The plan was developed over a 45-day period and involved interviews with more than 300 stakeholders, community leaders, and national experts as well as through seven roundtables across the state.


The Jobs4TN plan focuses on prioritizing the strategic recruitment of target industries; assisting existing Tennessee businesses in expansions and remaining competitive; supporting regional and rural economic development strategies; as well as investing in innovation and reducing business regulation.  The plan regionalizes job creation strategies by focusing on industry clusters where Tennessee already has a competitive advantage. 


Tennessee will concentrate its recruitment efforts on six target clusters in which the state has a clear competitive advantage: automotive; chemicals and plastics; transportation, logistics and distribution services; business services; healthcare; advanced manufacturing; and, energy technologies.  In addition, the Department of Economic and Community Development will fundamentally restructure its field staff to recognize efficiencies and maximize its resources.  The plan includes establishing a “jobs base camp” in each of nine regions across the state. Each base camp will work with local partners to develop and/or revise a regional economic develop plan.

The goal is to make Tennessee the number one location in the Southeast for high-quality jobs by creating the right business climate.  Legislation considered in the Senate this week focusing on education, tort reform and lessening burdensome regulations on businesses are an important part of that effort.  

Major amendment adopted to collective bargaining bill ensures teacher input -- On the education front, the Senate Education Committee approved a major amendment to legislation that would delete provisions of state law put into place in 1978 which set apart the right for teachers’ unions to use collective bargaining to negotiate terms and conditions of professional service with local boards of education.  The amendment to Senate Bill 113 sets up a process to ensure that every teacher has a right to make his or her voice heard regarding the terms of employment.

“I am grateful to the teachers from across the states who have expressed their concerns and suggestions regarding this legislation,” said Senator Jack Johnson (R-Franklin), sponsor of the bill.  “Educators want to be heard, and we should listen.  This bill, as amended, will ensure that school boards maintain cooperative collaboration with our teachers.”

The amendment adds requirements on local education authorities (LEAs) to draw up an employee manual to address matters pertinent to employment and provide teachers with an opportunity to make their voices heard.  The manual includes such matters as salaries, wages, benefits (insurance and retirement benefits), leave, student disciplinary procedures and working conditions.  The State Board of Education will review current teacher contracts with boards throughout the state and identify “best practices” and model those with sample language in the manual by August of this year.  The boards, however, will be free to develop their own manual. 

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

The professional manual would be binding on the LEA until a new one is adopted.   The amendment requires the manual to be reviewed a minimum of every three years. 

The bill, as amended, guarantees the right of every teacher to have his/her voice heard, not solely those of union members through a union leader.  It now goes to the Senate floor for final consideration.

“Equal Opportunity Scholarship Act" passes Senate -- Legislation giving low income students an opportunity to receive an “Equal Opportunity Scholarship” to attend the school of their choice has received final approval in the full Senate.  The bill applies to students who are eligible for free and reduced-price lunch in Memphis, Shelby County, Nashville, Chattanooga, and Knoxville schools.
 
“Equal Opportunity Scholarships provide impoverished children with hope for a better education and choice in the school they attend,” said Senator Brian Kelsey (R-Germantown), sponsor of the bill.  “With this bill, children need no longer be victims of their own geography.”

Prime co-sponsor Lt. Governor Ron Ramsey (R-Blountville) added, “Children should not be forced to attend a failing school just because they live in a certain neighborhood.  Equal Opportunity Scholarships will allow all children to receive the quality education they deserve.”

“By introducing more competition and choice, Equal Opportunity Scholarships have proven in other states to make all schools run more efficiently,” said Senate Majority Leader Mark Norris (R-Collierville), a prime co-sponsor.

The scholarships would be in the amount of half the money that state and local school systems spend on each child, which amounts to $5,400 per year in Memphis City Schools, $4,200 in Shelby County Schools, $5,400 in Nashville Schools, $4,600 in Chattanooga Schools, and $4,300 in Knoxville Schools. 

The scholarship money could be used to attend any school that parents choose, including public charter schools, parochial schools, independent schools, or other public schools within the district if space is available.
 
Nine of the ten “random-assignment” studies on opportunity scholarships have concluded that reading and math scores of students with opportunity scholarships increased 6-12 percentage points after the first few years compared to low-income students who lost the lottery to receive a scholarship.  In the newly reinstated D.C. Opportunity Scholarship Program, co-sponsored by U.S. Senator Lamar Alexander, students receiving the scholarship graduated at a rate 12 percent higher than those low-income students who lost the lottery to receive a scholarship.  Random-assignment studies are considered the "gold standard" in social science research because they are apples-to-apples comparisons, controlling for income status and parental involvement.

Twenty-one of the twenty-two empirical studies of the effects of opportunity scholarships on public schools have shown public school student scores increase 3-15 percent when opportunity scholarships are offered.

Equal Opportunity Scholarships increase the money available per pupil in public schools.  When a student leaves a public school to attend another school, not one local dollar leaves the school system.  The school district retains half the funds that were spent on the student at the public school, which ranges from $4,200 to $5,400. Therefore, per pupil expenditures at the public school increase.

“Virtual Schools” bill gains final Senate approval  – The full Senate has approved Senate Bill 714, sponsored by Speaker Pro Tempore Jamie Woodson (R-Knoxville), to allow both private and home school students to enroll in virtual school courses offered by public schools.
 
Currently, home school and private school students cannot enroll to take virtual courses from a public school, even though parents may need help in courses they do not feel qualified to teach.  For example, private and home school students may need to take certain foreign languages that their current school does not provide but are precluded from enrolling in public school virtual courses because of existing law.
 
The bill authorizes any student who is eligible for enrollment in a public school in Tennessee to enroll in a virtual school. Students currently attending a nonpublic school may be charged a tuition fee. It also requires an evaluation by the school annually regarding student achievement under the program and a review of its financial and operational performance.

Financial literacy bill continues efforts to ensure students have early foundation in the basics of money management -- Legislation strengthening efforts to ensure Tennessee has a strong financial literacy curriculum was approved by the full Senate on Monday night.   Senate Bill 912, sponsored by Senator Doug Overbey (R-Maryville) and Senator Rusty Crowe (R-Johnson City),  requires the State Board of Education, in consultation with the Tennessee Financial Literacy Commission, to develop guidelines to strengthen personal finance standards and require that certain financial literacy concepts are included as part of the testing standards for social studies.

“This bill continues our efforts to ensure students have an early foundation in the basics of money management to help give them the tools they need to make good financial decisions that will positively impact their future,” said Senator Overbey.  “Tennessee is at the top of the nation in the number of bankruptcies and this legislation is an important step in helping create opportunities to teach good financial practices early in life to get us back on the right track.”

The Commission has been working with financial literacy efforts like the Smart Tennessee initiative, which is a statewide program to integrate financial literacy into the existing K-12 curriculum.  Financial support for that program is provided through a unique public/private partnership between the State of Tennessee and First Tennessee Foundation and is now providing financial literacy curriculum across the state.
 
This year’s legislation requires TNFLC to conduct a formal review of personal financial standards taught in grades K-8 and recommend revisions to the Department of Education and the State Board of Education.  This includes recommending the best means to incorporate the personal finance concepts into existing standardized Social Studies testing for grades five and eight.

To learn more about literacy efforts and curriculum in Tennessee, visit:  http://treasury.tn.gov/FinLit/FLCClearinghouse.html

Senate approves resolution giving voters the right to restore their voice regarding what state law should be regarding abortions

The State Senate voted 24 to 8 to give Tennesseans the opportunity to restore their voice in determining what state law should be regarding abortions.  The supermajority is two votes more than needed by the Senate to put the constitutional resolution on the ballot.

The measure, Senate Joint Resolution 127 sponsored by Senator Mae Beavers (R-Mt. Juliet), addresses a State Supreme Court decision in 2000 that struck down provisions in Tennessee law calling for women to receive “informed consent” information about the surgery and wait 48 hours before they receive an abortion.  The court also ruled against a state requirement that all abortions after the first trimester be performed in a hospital. That ruling made Tennessee more liberal than the U.S. Supreme Court required in Roe v. Wade and made the right to abortion a “fundamental right” in Tennessee.

“This resolution was a long time coming,” said Senator Beavers.  “I am very pleased it has finally passed.  It will enable Tennessee to begin the process to restore the right of the people to decide through their elected legislature what Tennessee law should be regarding abortions within the bounds of federal court decisions.  The only way to restore the people’s voice is to change the Constitution and give the legislature authority to write commonsense laws.”

The resolution would allow citizens to amend Tennessee's Constitution to say that the right to an abortion is only protected under the U.S. Constitution as interpreted by the U.S. Supreme Court.  It would give the people the right, through their elected state representatives and senators, to enact, amend, or repeal statutes regarding abortion, including circumstances of pregnancy resulting from rape, incest or life of the mother.  Beavers said the practical effect of the resolution would be to bring Tennessee back into a position of neutrality so the people’s elected representatives can decide within the bounds of federal decisions what protections can be put into place.

The bill is co-sponsored by Senator Brian Kelsey (R-Germantown), Senator Mike Bell (R-Riceville), Senator Mark Norris (R-Collierville), Senator Bill Ketron (R-Murfreesboro), Senator Rusty Crowe (R-Johnson City), Senator Steve Southerland (R-Morristown), Senator Ken Yager (R-Harriman), Senator Stacey Campfield (R-Knoxville), Senator Jack Johnson (R-Franklin), Senator Jamie Woodson (R-Knoxville), Lt. Governor Ron Ramsey (R-Blountville), Senator Doug Overbey (R-Maryville), Senator Jim Tracy (R-Shelbyville), Senator Dolores Gresham (R-Somerville), Senator Jim Summerville (R-Dickson), Senator Mike Faulk (R-Church Hill), Senator Bo Watson (R-Hixson), Senator Kerry Roberts (R-Springfield), Senator Doug Henry (D-Nashville), and Senator Randy McNally (R-Oak Ridge).

If approved by a super majority in the House of Representatives, citizens could expect to see the resolution on the ballot in November 2014.

In Brief…

Civil Justice Act gets first Senate hearing -- The Judiciary Committee heard testimony this week regarding the Tennessee Civil Justice Act of 2011.  The bill, sponsored by Senate Majority Leader Mark Norris (R-Collierville) and Senator Brian Kelsey (R-Germantown) is part of Governor Bill Haslam’s legislative agenda.  The sponsors say the legislation will provide certainty and predictability for businesses, while ensuring that injured plaintiffs receive 100percent of the economic, quantifiable damages that they suffer.  Tennessee is the only state in the southeast that has no limits on punitive damages. The legislation would provide certainty and predictability to attract businesses and, therefore, high quality jobs to Tennessee.  According to a recent study by the Tennessee Center for Policy Research, the proposal is estimated to bring as many as 30,000 new jobs per year if it passes.  A vote on the bill is expected in the Committee next week. 

Secret Ballot Protection Act -- Legislation designed to protect the rights of employees to vote on whether or not they want to unionize by a secret ballot was approved in the Senate Commerce and Labor Committee this week.  The legislation is a counter measure to dangerous federal card check legislation that has been proposed in Congress.  That proposal would subject employees to intimidation by allowing unions to organize simply by persuading a majority of employees to sign a union representation card.  Senate Bill 1745, sponsored by Senator Bill Ketron (R-Murfreesboro), defines the denial of secret-ballot elections as an unfair labor practice.  Sponsors say the bill is consistent with our state's Constitution and court decisions that provide that all elections in Tennessee shall be by a method guaranteeing ballot secrecy.

MOMs -- Legislation that strengthens Tennessee’s status as a Right to Work state has won approval in the full Senate.  Senate Bill 1031, sponsored by Senator Bill Ketron (R-Murfreesboro), amends the state’s Right to Work law to prohibit maintenance of membership clauses in collective bargaining agreements.  Tennessee is one of twenty-two Right to Work states across the nation which prohibit agreements between labor unions and employers making membership or payment of union dues or fees a condition of employment, either before or after hiring.  Tennessee’s Right to Work law, however, does not ban maintenance of membership clauses within collective bargaining agreements.  These are clauses which sometimes are included in collective bargaining agreements which mandate that, once an employee joins a union, the employee cannot leave the union until the collective bargaining agreement expires.
The bill is supported by the U.S. Chamber of Commerce.

911 Calls -- The full Senate voted this week to approve legislation requiring permission from the person whose voice is recorded on a 911 before the transmission can be broadcast to the public.  Senate Bill 1665, as amended, clarifies that all calls and tapes will remain public record.  The bill just requires that any broadcast or publication of a call is prohibited without written consent of the caller whose voice is recorded, or their designated representative or legal guardian.  The bill, sponsored by Senator Jim Tracy (R-Shelbyville), does not apply to court orders or subpoenas regarding 911 calls.

Hospitals -- Senate Bill 483, sponsored by Senator Doug Overbey (R-Maryville), was approved on final consideration in the Senate on Thursday.  The bill would continue the hospital assessment adopted last year to prevent potentially catastrophic cuts to Tennessee hospitals.   The hospitals asked the General Assembly to enact the coverage assessment for another year in order to raise $450 million in state funds to draw down $870.5 million in matching federal funds.  The assessment is used to draw down federal funds available through a Medicaid match program approved by the Centers for Medicare and Medicaid Services (CMS).  It will continue to provide the critical dollars necessary to provide hospitals a portion of their unreimbursed TennCare costs.  A few examples of programs, in addition to the reduction in payments to hospitals and health professionals, that would be affected without the assessment are: critical access hospitals; the Graduate Medical Education program; 8-visit limit imposed on outpatient services, x-rays, and physician office procedures; various therapies; and, the enrollment cap for the medically needy. 

Election Process / Tie Vote -- A bill to allow county commissions to call for a run off election in cases where there is a tie vote for a county office has received final approval by the full Senate.  Under present law, if there is a tie vote between two or more persons having the highest number of votes for an office, the county legislative body casts the deciding vote to break the tie.  Senate Bill 1225, sponsored by Senator Ken Yager (R-Harriman), rewrites that law to place counties in the same posture as cities under state law, so that there will be an opportunity for a run-off election to let the peoples’ voice be heard.

Molly’s Plant Food / Bath Salts -- The Senate approved and sent to the governor a bill to prohibit possession and sale of methcathinone.  The drug, which is commonly referred to as "bath salts" or "Molly plant food," is currently being sold legally in Tennessee.  Senate Bill 396 would make the sale of the drug a misdemeanor.

Meth vehicles -- Members of the Senate Transportation Committee voted this week to require notice must be given to the Department of Revenue if a vehicle is impounded due to the manufacture of meth within 30 days of the impoundment.  Senate Bill 266, sponsored by Senator Jim Tracy (R-Shelbyville), defines a methamphetamine vehicle as any passenger motor vehicle that has been impounded by a law enforcement agency based on a charge of manufacture of meth on or within the vehicle. 

Transportation / coordination -- Senate Bill 523, sponsored by Senator Jim Tracy (R-Shelbyville), was passed by the Senate Transportation Committee this week to create an Interagency Transportation Coordination Committee to coordinate the transportation efforts of state and local governments.  The committee will create a five-year strategic transportation coordination plan to guide its work to improve transportation coordination, the methods of delivery of passenger transportation, effectiveness of services and overall financial efficiency.  A study conducted in 2008 identified at least eight separate programs, outside of the Tennessee Department of Transportation, that expended approximately $101 million to support the provision of human service transportation.  The report recommended increased coordination to leverage funds and stretch limited resources. 

Government efficiency -- A bill aiming to streamline the legislative process and save taxpayer dollars has cleared the Senate Finance Committee.  Senate Bill 725, sponsored by Lt. Governor Ron Ramsey (R-Blountville), avoids duplication in state government by eliminating 11 joint oversight committees and shifting their responsibilities to the standing committees of each house of the General Assembly, saving the state $851,800.

Photo ID -- The Senate Transportation Committee voted this week to approve Senate Bill 1666 to require the Department of Safety to issue a photo identification license free of charge to any person who does not have one and needs it for voting purposes.  The bill is sponsored by Senator Bill Ketron (R-Murfreesboro).  Legislation is pending in the General Assembly which requires voters to present valid photo identification at the polls. That proposal, Senate Bill 16, is designed to reduce voter fraud and provides exemptions for those voting absentee, overseas, in nursing homes and for the infirm and indigent, who may not be able to obtain proper identification. 
 
Curbing prescription drug abuse -- Legislation designed to curb the abuse of prescription drugs at pain clinics in Tennessee received final approval this week.  Senate Bill 1258, sponsored by Senator Ken Yager (R-Harriman), would require all pain clinics in Tennessee to obtain a certificate by the Department of Health.  The Commissioner of Health, in consultation with the Boards of Medical Examiners, Osteopathic Examination, Nursing, and the Committee on Physician’s Assistants, would promulgate rules necessary to operate these clinics.  They would also have the authority to examine pain clinics, their staff and patient records, to ensure compliance with those rules.  This includes the ability to investigate complaints or violations.  Under the bill, the respective boards would be authorized to take action against violators.  Tennessee ranks second in the nation in regard to the overutilization of prescription pain medications, having exceeded the national average for controlled substance use for many years.

New job investment --   Tennessee Gov. Bill Haslam joined with officials from Rutherford County in announcing plans by Valeo to locate a manufacturing facility for automotive parts in Smyrna, Tennessee. The company plans to invest up to $5.4 million, creating 63 jobs within a year of occupancy.

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

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(NASHVILLE, TN), April 14, 2011 -- Education headlined this week’s action on Capitol Hill as Governor Bill Haslam signed major tenure reform legislation and the Senate Education Committee approved a bill to allow students to use their HOPE scholarships during the summer, if they so choose, to help boost the number of post-secondary graduates in the state. 

Tennessee can’t remain near the bottom in education if we want to be the No. 1 location in the Southeast for high quality jobs. The bills are two of several initiatives proposed by the Governor and Republican lawmakers that seek to reform education, from pre-kindergarten through postsecondary, to grow the number of college graduates and provide a better educated work force for employers looking to relocate or expand in Tennessee.  

 “Last year, the General Assembly passed the Complete College Tennessee Act with the goal of raising educational attainment rates in Tennessee by promoting and incentivizing college completion,” said Senator Jim Tracy (R-Shelbyville), sponsor of the bill.  “The HOPE scholarship bill builds on that legislation by giving students the option to attend summer classes in order to progress and graduate in a timely manner.  It also allows our colleges and universities to better utilize their buildings and campuses all year long.”

Current law allows up to five years on the lottery scholarship but does not include funding for summer semesters.  Senate Bill 1529, which is also sponsored by Senate Majority Leader Mark Norris (R-Collierville), Senate Education Chairman Dolores Gresham (R-Somerville), Senator Brian Kelsey (R-Germantown) and Senate Republican Caucus Chairman Bill Ketron (R-Murfreesboro), redefines “academic year” for the purpose of the lottery scholarship program and includes the summer semester, making it possible for student to use their lottery scholarships during the summer.

The bill extends summer eligibility to all current and future lottery scholarship recipients, but it grandfathers in all but current freshmen.  A 120-hour cap on lottery funding, with exceptions allowed for programs that require more than 120 hours for completion, will apply to students who first received a lottery scholarship in the fall semester of 2010 or thereafter.  Students who first received the lottery scholarship prior to the fall semester of 2010 (current sophomores, juniors, and seniors) will be eligible for summer funding while having up to five years to complete their studies utilizing scholarship money.  For those students who will be subject to the 120-hour cap, courses taken this summer (2011) that do not receive lottery funding will not count against their cap.

“Many students do not have the money, without the help of lottery scholarship funds, to take summer courses to finish college on time,” added Tracy.  “This bill will help students find the resources to complete their academic requirements and, at the same time, will help Tennessee raise our graduation completion rates, which is critically important to draw new jobs to our state.”

Governor signs teacher tenure reform bill – Before a crowd of supporters, Tennessee Gov. Bill Haslam signed his tenure reform bill into law, marking his first legislative victory and helping solidify Tennessee at the forefront of education reform in the country.  The legislation builds on the bold initiatives passed last year with Tennessee’s First to the Top program to give Tennessee students more opportunities to succeed.

Senate Bill 1528 changes a teacher’s probationary period before becoming eligible for tenure from three to five years as well as links tenure status to performance evaluations, utilizing Tennessee’s extensive student data that is the envy of states around the nation.
The legislation also gives principals the flexibility to keep a non-tenured teacher after the five year period. Previously a teacher would either receive tenure or be terminated after three years.

“This is the next step in the continuum of education reform,” said Senate Majority Leader Mark Norris, R-Collierville, sponsor of the bill. “Last year, Tennessee made great strides in First to the Top in beginning to address the unacceptably low educational attainment in our state.  In step two of these efforts, we once again have the opportunity to lead the nation in education reform by developing a system that treats teachers as professionals and recognizes the critical impact of their work.  Effectiveness must be the core criteria for gaining and retaining teacher tenure.”

"True tenure reform has been a dream of Republican legislators for as long as I can remember,” said Lieutenant Governor Ron Ramsey. “I am proud and honored to stand with our Republican governor as we usher in the beginning of a new era in education in Tennessee where the interests of children come first and our focus remains on creating the most qualified teachers in the nation.”

Other Senate sponsors of the bill include Speaker Pro Tempore Jamie Woodson (R-Knoxville), and Senators Jim Tracy (R-Murfreesboro), Brian Kelsey (R-Germantown), Jack Johnson (R-Franklin), Mae Beavers (R-Mt. Juliet), Dolores Gresham (R-Somerville), Randy McNally (R-Oak Ridge), Stacey Campfield (R-Knoxville), Jim Summerville (R-Dickson), Doug Overbey (R-Maryville), Mike Faulk (R-Church Hill), Kerry Roberts (R-Springfield), Bo Watson (R-Hixson), and Lt. Governor Ron Ramsey (R-Blountville).

Legislation aiming to curb meth production is approved by Senate Judiciary Committee

The Tennessee Senate Judiciary Committee has approved major legislation to stiffen penalties for making methamphetamines in the presence of a child and to implement a statewide electronic tracking system to curb meth production in the state.  The system, called NPLEx (National Precursor Log Exchange), would monitor and block illegal purchases of over-the-counter cold and allergy medicines containing pseudoephedrine (PSE), a key ingredient in methamphetamine production.

The legislation is sponsored by Senate Judiciary Chairman Mae Beavers (R-Mt. Juliet).  Beavers and sponsors of other legislation to curb meth production have been working for the past two months to find a way to address Tennessee’s growing methamphetamine problem.

“We have worked very hard to come up with a plan to address the illegal use of over-the-counter pseudoephedrine products to make meth, without infringing on the ability of law-abiding citizens to purchase these cold medications legitimately,” said Senator Beavers.  “This bill will give us the real time tracking needed to stop an illegal transaction and provides pharmacists the right to decline the sale if it is deemed not to be for a legitimate medical purpose.  The proposal also prescribes tougher penalties against meth cookers who endanger children and those who go from store to store to buy pseudoephedrine products.” 

There is currently no mechanism in place in Tennessee to block illegal PSE sales in real time, as many pharmacies and retailers rely on handwritten, paper logbooks to track purchases. As a result, criminals have learned to circumvent the current system.

Senate Bill 1265 requires that as of January 1, 2012, all pharmacies must use NPLEx, which would export the data to law enforcement.   The NPLEx system will be at no cost to pharmacies or the state.  The proposal calls for a pharmacist or pharmacy intern to counsel the potential purchaser of a product containing pseudoephedrine before the transaction takes place and may decline the sale if it is deemed not to be for a legitimate medical purpose. 

The bill also sets amounts of pseudoephedrine that can be purchased.  A buyer cannot purchase more than 3.6 grams of a pseudoephedrine product per day or more than 9 grams per 30-day period unless they have a valid prescription or face a Class A misdemeanor penalty.  Doctor or pharmacy shopping to obtain more than that limit, often referred to as “smurfing,” would become a Class A misdemeanor subject to a fine of $1,000 for the first offense and $2,000 for second and subsequent offenses.  The bill also changes the amount of pseudoephedrine in a person’s possession necessary to establish intent to manufacture meth from 20 grams to 15 grams.  Fines assessed under the proposal will be used for cleanup of meth labs.

In addition, the bill calls for the Comptroller to conduct a thorough study of meth and the availability of pseudoephedrine as a factor in the manufacture of meth, with the results of the study to be released no later than January 1, 2013.

“E-tracking will give local law enforcement officials a powerful investigative tool to track meth production,” said Seantor Beavers.  “Meth has destroyed many lives in Tennessee.  I am pleased this bill is proceeding through the legislature and believe it will help fight the terrible problem we face with this illegal drug in our state.”

In Brief…

911 Calls – The Senate State and Local Government Committee voted this week to approve legislation requiring permission from the person whose voice is recorded on a 911 before the transmission can be broadcast to the public.  Senate Bill 1665, as amended, clarifies that all calls and tapes will remain public record.  The bill requires that any broadcast or publication of a call is prohibited without written consent of the caller whose voice is recorded, or their designated representative or legal guardian.  The bill, sponsored by Senator Jim Tracy (R-Shelbyville), does not apply to court orders or subpoenas regarding 911 calls.

Road Funds / Advertising – Two bills, Senate Bill 31 and Senate Bill 32, sponsored by Senator Jim Tracy (R-Shelbyville), passed through the Senate Finance Committee this week to allow companies to advertise on the Tennessee Department of Transportation’s (TDOT) emergency trucks and messaging boards respectively.  Tennessee’s road fund is in dire need of additional funding as the stimulus money for transportation expires and economic conditions continue to present the need for budget cutbacks.  The funds raised by the effort would go to TDOT to build or repair roads.  Under the bill commercial sponsorship cannot include alcohol, tobacco, adult-oriented establishments, political candidates or issue or any unlawful activities. 

Hospitals -- Senate Bill 483, sponsored by Senator Doug Overbey (R-Maryville), was approved this week by the Senate Finance Committee to continue the hospital assessment adopted last year and to prevent potentially catastrophic cuts to hospitals in the state.   The hospitals asked the General Assembly to enact the coverage assessment for another year in order to raise $870 million total, after receiving matching federal funds.  The assessment is used to draw down federal funds available through a Medicaid match program approved by the Centers for Medicare and Medicaid Services (CMS).  It will continue to provide the critical dollars necessary to provide hospitals a portion of their unreimbursed TennCare costs.  A few examples of programs, in addition to the reduction in payments to hospitals and health professionals, that would be affected without the assessment are: critical access hospitals; the Graduate Medical Education program; 8-visit limit imposed on outpatient services, x-rays, and physician office procedures; various therapies; and, the enrollment cap for the medically needy. 

Crime Victims Week – This week has been designated as National Crime Victims' Rights Week to raise public awareness regarding the human cost of crime and spotlight any resources available to assist victims.  One such resource is the Treasury Department's Criminal Injuries Compensation Fund which was designed to reimburse victims of violent crime and their loved ones for some of the out-of-pocket expenses they incur that are not covered through other resources.  These expenses include unpaid medical bills, lost wages, mental health counseling or funeral costs for loved ones.  Last year the fund helped more than 2,000 victims who received $11.3 million and almost $2.2 million in reimbursement to health care providers for performing forensic exams on sexual assault victims.  To learn more about the program go to http://treasury.tn.gov/injury/index.html. 

Equal Opportunity Scholarships -- The Senate Education Committee voted 5-2-2 to approve legislation giving parents of low income students an opportunity to receive an “Equal Opportunity Scholarship” to attend the school of their choice, including public charter schools, private schools, or other public schools if space is available.  Senate Bill 486, sponsored by Senator Brian Kelsey (R-Germantown), applies to students who are eligible for free and reduced-price lunch in Memphis, Shelby County, Nashville, Chattanooga, and Knoxville schools.  The scholarships would be in the amount of half the money that state and local school systems spend on each child. 

Revenue Collections -- Tennessee revenue collections for March continued to exceed the budgeted expectations. The Department of Finance and Administration announced that overall March revenues were $815.5 million, which is $9.5 million more than the state budgeted.  It marks the eighth consecutive positive growth month for this fiscal year.  The general fund was over collected by $9.6 million and the four other funds were under collected by $100,000.  The year-to-date growth rate for eight months was positive 4.45%.  Year-to-date collections through March compared to the February revision are $2.3 million above the total estimate, and $6.0 million above the general fund estimate. The four other funds that share in state tax collections are $3.7 below the revised estimate.

Blue Alert -- The full Senate gave final approval to legislation that would allow law enforcement to immediately put out information about suspects when a police officer is missing, injured or killed in the line of duty.  Senate Bill 655, which is sponsored by Senator Jim Tracy (R-Shelbyville), would work similar to the America's Missing Broadcast Emergency Response (AMBER) system used to get instant information out regarding serious child abduction cases.    The Blue Alert would be used when a suspect has not been apprehended and is considered a serious threat to the public.  The Tennessee Bureau of Investigation (TBI) would use the statewide infrastructure of the AMBER Alert system to facilitate a Blue Alert.

Property owner’s rights / Spotlights -- State Senators passed a bill this week that would allow property owners, or those whom they give permission, to use a spotlight on their own property at night without fear they are in violation of the state’s hunting laws.  Currently, it is unlawful for any person in a vehicle to shine a spotlight in any field, woodland, or forest, or the waters at night due to a prohibition on hunting deer utilizing this illegal method.  The law, however, leaves property owners at risk of being in violation if they are checking their own animals at night.  This bill gives property owners the right to shine a light in their own fields or woodlands, as long as they are not hunting illegally, without fear they are in violation of Tennessee law.  Senate Bill 836 is sponsored by Senator Mike Bell (R-Riceville).

Newly appointed Education Commissioner presents budget -- Newly appointed Commissioner of Education Kevin Huffman appeared before the Senate Education Committee this week to present that agency’s budget.  The new Commissioner complimented lawmakers for passage of legislation allowing Tennessee to win the Race to the Top competition.  Huffman said the state is on the forefront of collecting data, a fact that gives Tennessee an edge in reform efforts. Commissioner Huffman is the former executive vice president of Teach for America, a nationwide organization that recruits educators. He is an attorney who taught in the classroom and has a decade of experience as an administrator under his belt.  The Commissioner is tasked with guiding and implementing the much-needed reforms that are at the heart of the education initiatives moving through the General Assembly.

State Election Commission – The full Senate voted to make permanent a change made to the composition of the State Election Commission which added two members to panel.  State law previously required that the political composition of the five-member State Election Commission be three members of the majority party and two members of the minority party.  However, as a result of the 2008 election, state law required that a majority of the members be comprised of the majority party, thus two new commissioners were added including the first woman in Tennessee history to serve on the Commission.  SB 1255, sponsored by Senator Ken Yager (R-Harriman), removes the provision requiring two members to rotate off the Commission when their terms of office expire by request of the Board who said the current composition allows them to work more effectively and efficiently in carrying out their business.  The bill does not require any addition funding as the commissioners only receive nominal reimbursement for travel and carryout their duties as a public service to the state.

Anti-terrorism – Two expert witnesses appeared before the Senate Judiciary Committee this week to testify on Senate Bill 1028, the “Material Support to Designated Entities Act of 2011.”  Lieutenant Colonel Joseph Meyers, told committee members there is a “documented Tennessee nexus to terrorism.”  Meyers was joined by former Inspector General of the Department of Defense, Joseph Schmitz, who also testified in favor of the bill and provided information regarding the constitutionality of the measure.  The anti-terrorism bill provides that the Director of Tennessee’s Office of Homeland Security can make a recommendation to the Attorney General and the Governor to “designate” a terrorist entity, effectively isolating them from support.  Once designated, anyone who knowingly provides material support or resources may be prosecuted or fined under the bill.   “Apart from the FBI special agent, the border patrolman or the alert immigration officer, it is your ‘beat cops,’ your county deputies and your highway patrolman, who have the closest eye to the ground of potential threats,” said Meyers, a 30-year Army veteran whose experience includes planning defense strategies to counter the nexus of terrorism.  A vote on the bill, sponsored by Senator Bill Ketron (R-Murfreesoboro), was deferred until next week. 

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

Election Process / Tie Vote – Members of the Senate Finance Committee have approved a bill to allow county commissions to call for a run off election in cases where there is a tie vote for a county office.  Under present law, if there is a tie vote between two or more persons having the highest number of votes for an office, the county legislative body cast the deciding vote to break the tie.  Senate Bill 1225, sponsored by Senator Ken Yager (R-Harriman), rewrites that law to place counties in the same posture as cities under state law, so that there will be an opportunity for a run-off election to let the peoples’ voice be heard.

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