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

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

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

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

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

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

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

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

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

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

Anti-Crime package continues to advance through General Assembly

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Issues in Brief

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

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

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

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

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

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

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

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

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

The bills were drafted at the recommendation of a Public Safety Subcabinet Working Group composed of more than 10 government agencies which held meetings with over 300 leaders in law enforcement, substance abuse, and corrections.   The group developed 11 objectives and 40 action steps in their multi-year safety action plan with the goal of significantly reducing drug abuse and drug trafficking; curbing violent crime; and, lowering the rate of repeat offenders in Tennessee.    
 
Felons with Guns -- Among bills approved was Senate Bill 2250, by Senator Norris, that would increase from a Class E felony to a Class C felony the punishment for convicted felons carrying a firearm whose crime involved the use of force, violence, or a deadly weapon.  The punishment would be a Class D felony for those whose conviction involved a felony drug offense. 

“Keeping our citizens safe is one of government’s primary responsibilities,” said Senator Norris. “This bill will give District Attorneys in Tennessee a stronger tool to keep convicted felons, who are prohibited from possessing a firearm, off Tennessee streets.”  Norris sponsored a series of anti-crime laws passed in recent years designed to curb gun-related violence and focus resources on keeping these criminals behind bars longer and protecting the public.
 
Gang Violence -- Norris is also the sponsor of Senate Bill 2252 that would enhance penalties for certain crimes committed by groups of three or more people.  Shelby County Deputy District Attorney General John Campbell told members of the Judiciary Committee that a person robbed by more than one assailant has a much greater chance of suffering severe injury or death.  The bill to keep them behind bars longer bumps up penalties by one classification for aggravated assault, robbery, or aggravated burglary, if the crime is committed in concert with two or more persons.  Action on the legislation was deferred until next week at the request of the sponsor.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Issues in Brief

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

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

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

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

Tennessee Law Enforcement Officers / Death Benefit -- The full Senate has approved legislation to extend a $25,000 death benefit currently provided to local police officers or sheriffs’ deputies to state employees engaged in the detection and prevention of crime.  Senate Bill 2204, sponsored by Senate Majority Leader Mark Norris (R-Collierville), would provide a death benefit to Tennessee Highway Patrol (THP) officers, Tennessee Bureau of Investigation (TBI) agents, Tennessee Wildlife Resources Agency Park Rangers employed by the Department of Conservation and Environment, and bomb and arson officers in the Department of Commerce and Insurance.  The death benefit would apply to employees who are killed in the line of duty.
 
Tennessee National Guard Day -- March 3 would be declared “Tennessee National Guard Day” under legislation which met the final approval of the full Senate this week.  Senate Bill 2231, sponsored by Senator Dolores Gresham (R-Somerville) and Senate Majority Leader Mark Norris (R-Collierville), honors and recognizes Tennessee National Guard personnel each year on that date for their service and sacrifices in defense of our nation and for responding to domestic missions within the borders of our state.  The bill is pending action in the House Calendar and Rules Committee before receiving final approval in the House of Representatives.

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

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

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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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