Week of May 21, 2007

Republican Education Plan

Several weeks ago, the Governor announced his support for a plan to overhaul the state’s K-12 education funding formula known as the Basic Education Program (BEP).  The plan is the product of extensive discussions between the Senate Education Committee Chairman Jamie Woodson (R-Knoxville); Senate Finance, Ways and Means Committee Chairman Randy McNally (R-Oak Ridge); House Leaders, and Administration officials.

On Wednesday, the Senate Education Committee dove into the details of the BEP.  On hand to discuss the details were Patrick Smith, Deputy Director of the Governor’s Office of State Policy & Planning; Dr. Bill Fox, University of Tennessee Economist; and John Morgan, Comptroller of the Treasury. 

The most candid discussion occurred relative to fiscal capacity.  Dr. Fox, who developed the new fiscal capacity proposal, explained the reasoning for the alternative formula.  He stated that fiscal capacity is designed to measure the relative contribution that each county should make to fund education.  Fiscal capacity does not measure effort made by counties, but does measure each county’s capacity to raise tax revenue.

The current formula is a complex regression analysis.  The new formula is much simpler, and is based on measuring two factors – each county’s property and local sales taxes. 

After a recess, the Education Committee returned to discuss one of the most important aspects of the Republican Education Plan: the accountability component.  Republican Senators believe very strongly that if the state provides additional funds for education, better results must be expected. 

Language was tentatively agreed upon that will call for better accountability in K-12 education, and an amendment was adopted to SB 570 by Sen. McNally.  The proposed changes to the current system include:

§          Adding corrective actions that can be taken by schools or systems that are on the first year of probation

§          Requiring schools and local education agencies (LEAs) to include information in their improvement plans on how they will spend improvement funds

§          Requiring additional standards to be applied to a principal’s contract, and allows bonuses for performance

§          Allowing principals to have discretion over their school’s budget

§          Directing the State Board of Education to establish a guideline for differentiated pay plans

§          Requiring LEAs to adopt a differentiated pay plan

§          Giving principals discretion over the administrative personnel for their school

§          Requiring the Commissioner of Education to report why they are not taking the final action for schools on probation for two years

§          Requiring the State Board of Education to develop and assess the teacher training programs of higher education institutions

§          Requiring more frequent evaluation of teachers

Final action on the bill will be taken up next week in the Senate Education Committee.

Please remember that all committee and regular sessions of the Senate are video streamed over the internet.  To view live or archived sessions visit www.legislature.state.tn.us, click on Senate, and then Video Streaming.  A link is also available at www.tnsenate.com.

Crooks with Guns

On Tuesday, the Senate Judiciary Committee took up the final piece of the crime package supported by the Tennessee Public Safety Coalition (TPSC).  SB 1967 by Sen. Mark Norris (R-Collierville) proposes to get tough on criminals that commit crimes with firearms.  On hand to voice their support for the legislation were Ronal Serpas, Chief of the Metro Nashville Police Department and Larry A. Godwin, Chief of the Memphis Police Department. 

Known as the “Crooks with Guns” legislation, it provides that possession of a firearm with the intent to commit a dangerous felony is a Class D felony with a minimum mandatory sentence of three years in prison.  If the defendant has a prior felony conviction, the penalty would be a Class D felony with a minimum mandatory sentence of five years in prison.

The bill also provides that employing a firearm during the commission, attempt to commit, flight or escape from a dangerous felony is a Class C felony with a minimum mandatory sentence of six years in prison.  If the defendant has a prior felony conviction, the penalty would be a Class C felony with a minimum mandatory sentence of ten years in prison.

The bill was unanimously recommended by the committee and referred to the Finance, Ways and Means Committee.

The TPSC is an organization made up of District Attorneys, Police Chiefs, and Sheriffs from across the state.  The other initiatives that they are pushing are SB 1322 by Sen. Paul Stanley (R-Germantown) and SB 1554 by Sen. Randy McNally (R-Oak Ridge).  Both are waiting to be scheduled in the Finance, Ways and Means Committee.

Competitive Cable and Video Services Act

Also on Tuesday, the Senate Commerce, Labor and Agriculture committee recommended SB 1933 by Sen. Bill Ketron (R-Murfreesboro) for passage with a plethora of amendments.  The proponents of the bill argue that the bill will allow companies to quickly enter the cable services market and provide consumers with additional choices and lower prices for services.  Opponents claim that the legislation gives an unfair advantage to one company, AT&T. 

After advancing the bill in the Senate, the House sponsor stated on Wednesday that he has decided not to push the companion bill this year in the House of Representatives.    

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Week of May 14, 2007

The End is Near

As the 2007 legislative session draws closer to an end, many important topics are being addressed.  Major legislation dealing with a variety of topics will be taken up next week by the Senate Standing Committees. 

After recommending improvements to the lottery scholarship program, the Senate Education Committee is poised to tackle the BEP.  An in-depth discussion of the intricacies of the BEP including fiscal capacity and accountability measures are planned for 8:30 a.m. on Wednesday.

The Senate Finance, Ways and Means Committee is scheduled to hear two key proposals from Governor Bredesen.   The first being legislation that will raise the tax on a pack of cigarettes by 40 cents.  The Bredesen Administration is also prepared to unveil the supplemental amendment to the budget, which will highlight the areas that the Governor would like to spend the additional surplus money. 

Remember that all committee and regular sessions of the Senate are video streamed over the internet.  To view live or archived sessions visit www.legislature.state.tn.us, click on Senate, and then Video Streaming.  A link is also available at www.tnsenate.com.

Competitive Cable and Video Services Act

Quite possibly the most talked about legislation of the session is scheduled for a vote in the Senate Commerce, Labor and Agriculture Committee on Tuesday.  Known as the “Competitive Cable and Video Services Act”, Senate Bill 1933 would allow any entity seeking to provide cable or video service over a cable system or video service network facility in Tennessee to apply for a statewide franchise agreement, as opposed to a local franchise.  The bill is sponsored by Sen. Bill Ketron (R-Murfreesboro).

The bill is being pushed by AT&T.  They are claiming that passage of the bill will quickly allow them to enter the cable services market providing consumers with additional choices and lower prices for services.  Opponents claim that there is already a system in place, and passage of the bill will give AT&T an unfair advantage.

Both proponents and opponents of the bill have made presentations to the Commerce, Labor and Agriculture Committee in recent weeks.  This week, the committee heard amendments to address a number of concerns with the bill. 

The amendments make several key changes to the bill:

• Rights-of-way remain under local control.
• Adds a build out requirement for new entrants.  Requires the telecommunications company with more than one million lines to offer service in 25 percent of its statewide footprint within three years and 50 percent within 6 years.
• Makes the Tennessee Regulatory Authority (TRA) the franchising authority rather than the Secretary of State.
• Includes franchise fees and late fees as a part of the definition of gross revenues.
• Customer complaints will be fielded by local representatives.
• Deletes reference to placing equipment on land of private individuals.
• Limits statewide franchise certificate to ten years.
• Franchise fees remain under local control.
• Statewide franchise holders must provide 90 days advance notice and provide refunds for service not provided if they want to terminate service.
• Permits all existing public, educational and governmental access (PEG) channels for non commercial programming to be permanently preserved regardless of usage.

The committee will resume debate on the bill at 1:00 p.m. on Tuesday.

Black Receives Award

Republican Caucus Chairman Diane Black (R-Gallatin) has been awarded the State and Public Policy Leadership Award by the American Diabetes Association.  She received the honor for her outstanding commitment to improving the lives of Tennesseans with diabetes.

“This is a great honor that I truly appreciate,” stated Black.  “I consider it a great privilege to serve the people of Tennessee in the state Senate and work with outstanding organizations as the American Diabetes Association.”

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Week of May 7, 2007

Lottery Scholarship Improvements 

On Tuesday, the Senate Education Committee approved SB 611, which will make a number of changes to the Tennessee Education Lottery Scholarship Program (TELS).  Sen. Jamie Woodson (R-Knoxville), who serves as chairman of the committee, is sponsoring the legislation.

“Legislative commitment to fiscally responsible policies has provided our legislature with an opportunity to thoughtfully expand our current Tennessee Education Lottery Scholarship Program,” said Woodson.

The bill increases the award for a HOPE scholarship at a four-year school to $4000 and a two-year school to $2000.  The Wilder-Naifeh Technical Skills Grant was also increased to $2000.

“Increasing scholarship retention has been identified as a top priority,” continued Woodson.  “The data shows that improved academic preparation is the key to increasing HOPE scholarship retention.”

Along with award increases, rewarding better preparation, and opening access to lottery scholarship dollars to nontraditional students, the bill also awards students who have a 19/19/19 on the ACT (19 Math, 19 English, 19 Composite) and attend state community colleges.

Further, the bill will assist 5000 additional middle and lower income students through increasing the Tennessee Student Assistance Award resources.

K-12 Capital Project Funding

Also in the Senate Education Committee this week, Sen. Jim Tracy (R-Shelbyville) advanced legislation that will help local governments with K-12 capital projects. 

“The only aspect of the 2002 Constitutional Amendment creating the Tennessee Lottery yet to be enacted by the legislature is using the excess lottery reserves for new K-12 capital outlay projects,” said Tracy.  “This plan will put actual dollars into the local school districts for new capital projects.”

As amended, SB 277 will set aside $100 million of the lottery excess reserve fund for the purpose of establishing a K-12 capital outlay grant program.  Each school district would be awarded a certain amount of money pursuant to a local match.  

The bill now goes to the Senate Finance, Ways and Means Committee, where it must be considered before being acted upon by the full Senate.
 
Targeting Gang Violence

Sen. Paul Stanley (R-Germantown) won approval in the Senate Judiciary Committee for SB 1322.  Known as the “Street Terrorism” legislation, the bill proposes to change the penalty for someone convicted of committing a violent crime in concert with two or more other people to a Class A felony.  The offense is currently a Class B felony.

The Tennessee Public Safety Coalition (TPSC), a statewide organization made up of Sheriffs, District Attorneys, and Police chiefs, has made SB 1322 a priority for this legislative session.

“This bill will give our DAs and law enforcement officers additional tools to reduce gang violence across our state,” said Stanley.  “I look forward to working with the Tennessee Public Safety Coalition in moving this legislation forward.”

Illegal Immigration

On Wednesday, Sen. Tim Burchett (R-Knoxville) passed SB 193 which will target individuals who are trafficking illegal aliens into the state for a profit.

“A serious issue has arisen because a group known as ‘coyotes’ are taking advantage of people by requiring them to pay large sums of money, then packing them in a vehicle like cordwood, and them transporting them long distances,” said Burchett.  “This practice is not safe for the people being transported, and it is not fair for the residents that are here legally.”

The bill prohibits the transportation of illegal aliens into the state for profit.  A violation of the provision is a Class A misdemeanor punishable by a $1000 fine that will go to the local agency responsible for assisting in the deportation of the illegal immigrant.

The bill originally passed the House on April 24th; however, the House must consider a Senate amendment, before the bill will go to the Governor.

Targeting Sexual Predators

SB 2048, sponsored by Sen. Jamie Woodson (R-Knoxville), unanimously passed the Senate on Monday night. The bill, which was co-sponsored by all members of the Senate, will protect school children from sexual predators. 

The bill will require employers who contract with schools or child care centers to conduct background checks on all of their employees who have potential contact with children. If any employee is found to be registered a sexual offender, he or she would be prohibited from working on school grounds or child care center property when children are present. 

The provisions of the bill will apply regardless of whether the employment was direct or through a subcontractor or subsidiary.  

The idea for the legislation came from Sandy Loy, President of Construction Plus, Inc., based in Knoxville.

“Mr. Loy has had a strong protection policy at Construction Plus since 2002,” continued Woodson.  “When he approached me with the idea, I was honored to sponsor the bill.” 

The House companion bill is scheduled to be heard in the House Education Committee on Wednesday, May 9th.  The bill must pass the house, and the Governor must sign it before it becomes law.

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Week of April 30, 2007

The BEP

The direction of the first session of the 105th General Assembly took monumental shift this week as the Governor announced a plan to review the state’s K-12 education funding formula known as the Basic Education Program (BEP).  The events of the week have shown that true leadership in the Senate can lead to an awakening by the Governor and the House of Representatives. 
          
Bipartisan Effort 

In a rare May Joint Convention, Governor Phil Bredesen rolled out his plan.  “BEP 2.0” has been made possible because of strong leadership by Senate Education Committee Chairman Jamie Woodson (R-Knoxville), Senate Finance, Ways and Means Committee Chairman Randy McNally (R-Oak Ridge), and Lt. Gov. Ron Ramsey (R-Blountville). 

As the Nashville Post reports, the projected changes to the program include the following:

 1. Change the way a county's ability to contribute toward the cost of education is measured. Currently, a county's ability to pay for education is determined by a complex statistical regression equation that attempts to calculate a county's revenue.

Under the new plan, a county's ability to pay for education would be based upon measuring two factors: assessable property and sales tax.

2. Eliminate the "Cost Differential Factor," or CDF. The CDF is a mechanism that inflates salary dollars for certain school systems. It attempts to calculate wage competitiveness in a local workforce and is based upon 90+ industry subgroupings. Only 17 school systems benefit from the CDF.

If the new plan is enacted and the CDF is eliminated, funds that have gone into the CDF will be redirected to increasing state's share of teacher salaries.

3. Increase state's share of instructional funding from 65 percent to 75 percent. Funding of teacher salaries represents the largest share of all BEP dollars. The state currently pays 65 percent of a teachers salary with the remaining 35 percent provided by local government.

While the state would assume a larger share of paying teacher salaries, the rules would be intended to keep counties and cities from merely using the new money to replace local dollars. The current "Maintenance of Effort" statute, requiring local systems to keep up their current funding levels as outside funding increases, would still apply.

4. Increase unit cost for teacher pay. According to Bredesen, the current unit cost figures for teachers are not reflective of "real-world costs" and allow for greater disparity in teacher pay among school systems, placing a higher burden on local governments to fund teacher positions not covered by the BEP.

With increased unit costs moved to a higher target, Bredesen said that his plan would more accurately reflect those "real-world costs." The goal would be to migrate teacher salaries from a $36,700 average to $40,000.

Republican Education Plan

Republicans are committed to funding education first with existing revenue.  The increase of the state’s share for teacher funding to 75 percent is a cornerstone of the Republican Education Plan.  Sen. Woodson stated from the beginning of the legislative session that the Governor had given the General Assembly an important opportunity and that she wanted to go further to “find a cure” as opposed to simply “treating the symptoms”.

Many believe that increasing the state’s share to 75 percent is a significant change that could prevent the state from being involved in costly litigation with certain school districts that are being unfairly treated by the current formula.  The plan is also projected to help local governments so that they will not have to raise property taxes. 

History

The BEP has been in place since 1992.  Prior to the BEP, the state used the Tennessee Foundation Program (TFP) to allocate state funds to local school districts.  In 1988, the Tennessee Small Schools Systems (TSSS) filed a lawsuit against the stage charging that the funding formula resulted in an inequitable distribution of state money to local school systems.  The case went all the way to the Tennessee Supreme Court where on March 22, 1993 the Court sided with the TSSS and charged the state to correct the inequities.

Recognizing early on that the state could loose the legal proceedings, the legislature moved to overhaul the TFP.  After a number of failed attempts to successfully address the situation, in 1992 the legislature passed the Education Improvement Act (EIA) which established the BEP.

Once the Supreme Court ruled in favor of the TSSS, it remanded the case back to the trial judge to draft an order to correct the funding inequities.  On July 26, 1993, the chancery court held hearings and the chancellor concluded that the BEP had resolved the inequities. 

The Current Program

According to the Tennessee State Board of Education:

• The BEP has three major categories (instruction, classroom, and non-classroom), each made up of separate components related to the basic needs of students, teachers, and administrators within a school system.
   
• Student enrollment (average daily membership) is the primary driver of funds generated by the BEP.
   
• There are 45 BEP components most of which are based on student enrollment (ADM). For example, students per teacher, assistant principals per school, or dollars per student for textbooks.
   
• Unit cost adjustments (salary, health benefits, insurance) are essential to maintaining a similar level of funding from year to year, due to inflation. For example, in 2006 over 100 million new state dollars were required to maintain full funding of the BEP.
   
• The funds generated by the BEP are divided into state and local shares for each of the three major categories (instructional, classroom, non-classroom).
   
• The state and local share for each school system is based on an equalization formula that is applied to the BEP. This equalization formula is the primary factor in determining how much of the BEP is supported by the state vs. the local district.
   
• The equalization formula is driven primarily by property values and sales tax, applied at a county level. For example, the state and local equalization shares for County System A would be the exact same state and local shares for City System A, within the same county.
   
• All local school systems are free to raise additional education dollars beyond the funds generated by the BEP.

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Week of April 23, 2007

Protecting our Families

This week, a number of key proposals moved through the Senate that will give citizens and law enforcement important tools to protect themselves and their families from all types of criminals.
          
Johnia Berry Act
On Monday night, Lt. Gov. Ron Ramsey (R-Blountville) presented SB 1196 on the Senate floor. The bill requires all individuals arrested for certain violent felonies to provide a DNA sample to the TBI.  Currently, DNA samples must be submitted only after a person has been convicted and sentenced for certain violent felonies.

Johnia Berry was an ETSU graduate student who moved to Knoxville to enroll at UT to work on a Master’s Degree.  On December 6, 2004, someone entered her apartment and brutally murdered her.  The killer has not been found despite the fact that DNA evidence was taken at the scene.

Lt. Gov. Ramsey stated that he felt that Tennessee needed a more comprehensive DNA database.  DNA samples are the fingerprints of the 21st century and are an essential crime fighting tool.  The bill will increase the chances of catching violent criminals and exonerate those who may have been wrongly charged.

Johnia’s parents and brother were on hand to witness the landmark vote.  The companion bill is scheduled to be heard in the House Finance, Ways and Means Committee next week.

Identity Theft Protection

The Senate unanimously passed SB 161 by Sen. Raymond Finney (R-Maryville) on Wednesday.  Known as “The Credit Security Act of 2007”, the bill will protect Tennesseans, especially seniors, from the growing problem of identity theft.

“Identity theft is the fastest growing crime in the country,” said Rebecca Kelly, AARP Tennessee State Director.  “This new law will allow consumers to put a freeze on their credit reports so this new breed of thieves will not be able to get credit cards, buy cars or make other major expenditures using the identities of hard working Tennesseans.”

The bill has three main components: a strong, flexible, affordable security freeze; protection of Social Security Numbers; and strengthening of the Consumer Protection Act to combat financial fraud.

“The legislation will enact one of the strongest, most effective security freezes in the nation,” said Sen. Finney. “It will not prevent every incident of identity theft, but it will provide an important layer of protection for Tennesseans.  Consumers will still need to educate and protect themselves.”

The House of Representatives passed the bill on Thursday, April 19th.  Once the Governor signs the bill, it will become law. 

Castle Doctrine Advances

SB 187 by Sen. Paul Stanley (R-Germantown) cleared the Senate Judiciary Committee on Tuesday. Known as the “Castle Doctrine”, the bill would allow a person to use deadly force on someone who enters their residence or vehicle unlawfully. A person would be permitted to use force if:

• There is a reasonable belief that there is imminent danger of death of serious bodily injury.
• The danger creating the belief of imminent death or serious bodily injury is real or honestly believed to be real at the time.
• The belief of danger is founded upon reasonable grounds.

The full Senate will act on the measure next week.

Elderly Property Tax Relief

In November of last year, 84 percent of Tennesseans voted to amend the state constitution to allow local governments to freeze property taxes for homeowners 65 and up.  Sen. Mark Norris (R-Collierville), the prime sponsor of the proposal, has been working all session on language to enable the measure.

This week, the Senate State and Local Government Committee approved SB 2 which will allow local governments to use the median household income of people ages 65-74 in each county as the maximum income level for seniors to qualify.

The next step for the bill is the Senate Finance, Ways and Means Committee.

Education First…or Maybe Not

The Senate Finance, Ways and Means Committee had a unique opportunity this week to truly fund education first. Sen. Paul Stanley (R-Germantown) presented SB 180 to the committee.  The bill would require that the General Assembly fund the K-12 Education Budget before taking up any other appropriations. 

Sen. Stanley stated that this would give the legislature the opportunity to sincerely put “schools first”.  Interestingly, Democrats on the committee balked at an amendment, and caused the bill to stall in the committee.  The bill was delayed until May 1st .

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Week of April 16, 2007

Protecting the Sanctity of Elections

The Senate began the week by passing important legislation that will help protect the sanctity of the ballot box.  SB 227 by Sen. Bill Ketron (R-Murfreesboro) provides that individuals present photo identification in order to vote.

Currently citizens may present a valid voter registration card, drivers license, social security card, credit card with a signature or other document bearing the applicant’s signature.  SB 227 will limit the types of identification that a person can present to only official documentation that contains a photo of the person.

Under the proposed legislation, individuals desiring to vote without proper photo identification will be allowed to cast a provisional ballot. If a voter does not have any form of proper photo identification, and they are unable to afford a valid form of identification, the Department of Safety will issue an identification card upon the voter’s signing a pauper’s oath.  
Sen. Ketron was able to win approval for the measure despite opposition from a number of Democrat Senators.  The bill passed with 10 Democrats voting in opposition.  The companion bill was subsequently killed in a House subcommittee on Tuesday.
          
The Fight Against Illegal Immigration

The State Senate approved an important measure on Thursday that will make Tennessee a less attractive place to illegal aliens.  SB 1870 by Sen. Jack Johnson (R-Brentwood) passed the Senate by an overwhelming majority of 27-2.

Known as the “Employer Responsibility in Hiring Practices Act”, the bill will require employers to use the Employment Eligibility Verification Basic Pilot Program to ensure that new hires are eligible to legally work in the United States.  The program is a web-based system that is operated by the U.S. Department of Homeland Security. 

“We are the first state in the nation to require that all employers use the Employment Eligibility Verification Program,” stated Johnson. “State government must be proactive in providing employers the tools they need to comply with federal immigration laws.”

Under the provisions of the proposed bill, there will be no cost to the employers.  If the employer does not have internet access, they may contact the Tennessee Department of Labor and Workforce Development by telephone, mail, or facsimile to verify the employee’s employment eligibility.

“Illegal immigration is a serious problem,” said Johnson. “We are feeling the effects in our schools, in our hospital emergency rooms and with our law enforcement agencies.  Our goal is to make Tennessee less attractive for illegal immigrants. This legislation is a giant step in the right direction.”

The bill must now be passed by the House of Representatives and signed by the Governor before becoming law.

Protecting our Community

The Senate Judiciary Committee unanimously approved the “District Attorney Staffing” legislation sponsored by Sen. Randy McNally (R-Oak Ridge) this week.  SB 1554 would create 64 additional Assistant District Attorney General positions across the state.  

The legislation provides that the District Attorneys General Conference, in consultation with the Comptroller of the Treasury, prepare a report recommending the specific judicial districts in which the additional assistant positions should be designated.

The increase in crime has put a heavier burden on prosecutors in this state.  According to the Tennessee Public Safety Coalition, this legislation is need to ensure that District Attorneys across Tennessee are able to give quality time to each case for the best possible outcome. 

The bill will now go to the Senate Finance, Ways and Means Committee for action.

Identity Theft Protection

Sen. Raymond Finney (R-Maryville) moved a key piece of legislation out of the Senate Commerce, Labor and Agriculture Committee that will protect Tennesseans, especially seniors, from the growing problem of identity theft.  SB 161 will enact “The Credit Security Act of 2007”.

The bill is the product of a collaborative effort to address the problem by the business and insurance communities, state and local governments, credit bureaus and especially the AARP of Tennessee. 

There are three main components to the bill: a strong, flexible, affordable security freeze; protection of Social Security Numbers; and strengthening of the Consumer Protection Act to combat financial fraud.

The bill was unanimously recommended by the Commerce Committee, and will be acted on by the full Senate next week.  
Sales Tax Holiday Approaching

Tennesseans will be allowed to retain more of their hard-earned money during two sales tax holidays this year.  The first will take place April 27-29, 2007.  The next sales tax holiday will occur August 3-5, 2007.

In recent years, the state has collected more tax revenue than it had planned to spend.  This Republican backed initiative is a small way for the state to provide tax relief to the hardworking citizens of Tennessee.   

During the sales tax holidays, consumers may purchase clothing, recreational equipment, school supplies and computers without paying the state sales tax.

Retailers and consumers may find further information, including a retailer's guide, fact sheets on clothing, computers and school supplies, and answers to frequently asked questions on the Department of Revenue website at www.tntaxholiday.com.

Week of April 9, 2007

Continuing to Target Sexual Predators

The Senate is continuing to advance legislation sponsored by Republicans that will strengthen Tennessee’s laws against sexual predators. 

A key component of the legislative package cleared the Finance, Ways and Means Committee on Tuesday and was unanimously approved by the full Senate on Thursday.  SB 326 sponsored by Sen. Mae Beavers (R-Mt. Juliet) and Sen. Diane Black (R-Gallatin) proposes to increase the sentence for a person convicted of child rape.  As amended, the bill proposes to set the minimum penalty for rape of a child at 25 years in prison, with the maximum being life in prison.  Currently the penalties are 15 to 60 years in prison.

The bill does carry a fiscal note of $7,690,700 (meaning that the legislation would increase state expenditures by $7,690,700) due to the increased incarceration period.  The Governor has included funding for the measure in the proposed budget.

Sen. Jack Johnson (R-Brentwood) is also moving legislation to get tough on sexual offenders.  SB 1178 expands present law regarding convicted felons requiring them to furnish DNA samples for testing. The bill adds misdemeanants whose offense requires them to register with the sexual offender registry to the group that must furnish DNA samples

The bill passed the Senate on Thursday morning by a vote of 31-0.

SB 1055 also sponsored by Johnson cleared the Judiciary Committee this week.  As amended, the bill would require a person convicted of indecent exposure to register with the sexual offender registry regardless of the number of previous convictions if the victim is less than 13 years old.  The bill would also require a person to register with the sexual offender registry if that person has two prior convictions and the victim is older than thirteen. 

The Senate Judiciary Committee also approved SB 192 by Sen. Tim Burchett (R-Knoxville).  SB 192 as amended will add three additional offenses to the list of crimes that are ineligible for probation or judicial diversion.  If an individual is found guilty or pleads guilty to sexual exploitation of a minor, aggravated sexual exploitation of a minor or especially aggravated exploitation of a minor, that individual would be required to serve 100 percent of the sentence.  

Earlier Presidential Primary

The State and Local Government Committee unanimously approved SB 2012 which will move the Presidential Primary in Tennessee to an earlier date.  Currently the Presidential Preference Primary is scheduled for the second Tuesday in February.  The proposed legislation which has already passed the House of Representatives, would set the Primary for the first Tuesday in February.   The bill would add Tennessee to a growing list of states that have recently moved the Primary to an earlier date.  

Illegal Immigration

The Senate is continuing to advance legislation that will make Tennessee less attractive to illegal aliens.  SB 903 by Sen. Bill Ketron (R-Murfreesboro) passed the Senate on Monday night.   The bill would prohibits the use of a federal individual taxpayer identification number as a form of identification to prove immigration status.

Sen. Mark Norris (R-Collierville) won approval for his bill, SB 1610, in the Senate State and Local Government Committee on Tuesday.  The bill would require that individuals provide proof of U. S. citizenship before they register to vote.  

Woodson Honored by Junior Leagues of Tennessee

Sen. Jamie Woodson (R-Knoxville) was awarded the 2007 Legislator of the Year Award by the Junior Leagues of Tennessee Advocacy and Public Awareness Committee on Monday evening.

“We are proud to honor Senator Jamie Woodson for her outstanding support of women and families in Tennessee,” said Cecile Wimberley, chair of the Junior League Tennessee Advocacy and Public Awareness Committee.

The Junior Leagues of Tennessee are dedicated to ensuring that all women and children have access to the opportunities and services essential for optimal physical, mental, emotional and social growth. And well being by supporting programs and legislation that meet these objectives.

“More than 6,500 women across the state of Tennessee have committed over 2.5 million hours to promoting volunteerism and improving their communities through effective action and leadership,” continued Wimberley.  “It is important that we share information and work with our state lawmakers to further our efforts on behalf of women and children.”

Protecting Children

SB 270 sponsored by Sen. Jim Tracy (R-Murfreesboro) unanimously passed the Senate on Thursday.  The bill creates an offense if you knowingly leaving a child under 7 years of age in a motor vehicle without supervision under certain circumstances.   The provisions of this bill would apply if the conditions present a risk to the child’s health or safety, the engine of the vehicle is running, or the keys to the vehicle are located anywhere inside the passenger compartment.  The vehicle would also have to be on public property or property that is generally open to the public. 

Alzheimer’s Task Force

Also on Thursday, the Senate passed SB 826 by a vote of 31-0.  The bill, which was co-sponsored by all 16 Republican Senators, creates a 19-member Tennessee Alzheimer’s Disease Task Force (TADTF).  The task force is charged with assessing the impact of Alzheimer's on Tennesseans, examining the existing resources that address the needs of people with Alzheimer's, and developing a strategy to mobilize a state response to the disease.

Week of April 2, 2007

www.tnsenate.com

The Senate Republican Caucus unveiled a new website this week.  The site, www.tnsenate.com, offers numerous tools for citizens to keep in touch with the state Senate. Users will find information about proposed legislation, photos, and news from each Senator.  The website also provides important links to the Legislature’s Bill Tracking page and the Senate Video Streaming page.  The Caucus is excited to provide an additional tool for the citizens of this state to keep in touch with the legislature.

Medical Liability Reform

SB 2001 sponsored by Republican Leader Mark Norris (R-Collierville) with fifteen Senate co-sponsors, unanimously passed the Senate on Monday night.  The legislation is designed to reduce the number of frivolous lawsuits filed in Tennessee each year. 

“We’ve been working on this issue for six years,” Norris said.  “The progress we’ve made is significant.  Recent data suggests that 80% of lawsuits filed are dismissed,” Norris said.  “We hope to hold lawyers accountable while safeguarding access to the courts for those who deserve it.”

The legislation is designed to reduce meritless lawsuits by requiring early evaluation and streamlined disclosure of medical records.  Lawyers will be required to submit a “certificate of good faith” stating that qualified experts have reviewed claims and determined they have merit.

SB 2001 also speeds up the disclosure of patient records and enhances lines of communication between the parties to a suit.
              
Employment Eligibility Verification

Two bills cleared the Senate Commerce, Labor and Agriculture Committee on Tuesday that will make Tennessee less attractive to illegal aliens.  SB 1870, sponsored by Sen. Jack Johnson (R-Brentwood), would enact the “Employer Responsibility in Hiring Practices Act”. 

The bill would require employers to use the Employment Eligibility Verification Basic Pilot Program to ensure that new hires are eligible to legally work in the United States.  The program is a web-based system that is operated by the U.S. Department of Homeland Security. 

Under the provisions of the proposed bill, there will be no cost to the employers.  If the employer does not have internet access, they may contact the Tennessee Department of Labor and Workforce Development by telephone, mail, or facsimile to verify the employee’s employment eligibility.

“We are the first state in the nation to require that all employers use the Employment Eligibility Verification Program,” said Johnson. “State government must be proactive in providing employers the tools they need to comply with federal immigration laws.”

The bill will now go to the Senate floor for action by the full Senate.

Local Enforcement of Immigration Laws

SB 2318 by Sen. Bill Ketron (R-Murfreesboro) also passed the Commerce Committee Tuesday, which will give local law enforcement agencies the authority to enforce current laws prohibiting the hiring of an illegal aliens for employment. 

Current law states that it is a Class B misdemeanor for any person to knowingly employ or refer for employment anyone who has illegally entered the country.  The Department of Labor and Workforce Development currently has the authority to enforce the law.  This bill gives local law enforcement agencies enforcement authority.

Sales Tax Holiday Approaching

Tennesseans will be allowed to retain more of their hard earned money during two sales tax holidays this year.  The first will take place April 27-29, 2007. 

In recent years, the state has collected more tax revenue than it had planned to spend.  This Republican backed initiative is a small way for the state to provide tax relief to the hardworking citizens of Tennessee.   

During the sales tax holidays, consumers may purchase clothing, recreational equipment, school supplies and computers without paying the state sales tax.

The next sales tax holiday will occur August 3-5, 2007.

Retailers and consumers may find further information, including a retailer's guide, fact sheets on clothing, computers and school supplies, and answers to frequently asked questions on the Department of Revenue website at www.tntaxholiday.com.

Bill to Strengthen Child Pornography Penalties Moves Forward

Sen. Tim Burchett (R-Knoxville) is continuing to advance legislation that will strengthen Tennessee’s laws against sexual predators.  SB 1778 unanimously passed the Senate Judiciary Committee Tuesday.

The bill provides that individuals that plead guilty to knowingly possessing child pornography would not be eligible for judicial diversion.

Judicial diversion is a sentencing option that allows a judge to place a defendant that pleads guilty to certain offenses on probation.  If the defendant successfully completes the probationary period, the record of the conviction is expunged.

The bill will now go to the Senate Finance, Ways and Means Committee before going to the Senate floor for action by the full Senate.

Regulatory Flexibility Act Passes Senate

SB 55, sponsored by Sen. Raymond Finney (R-Maryville), unanimously passed the Senate on Wednesday. The bill proposes to enact the “Regulatory Flexibility Act of 2007” to provide relief for small business in Tennessee.

“The success of small business is vital to a healthy economy,” said Finney. “We are asking the government to ensure that small businesses are not overburdened by unnecessary regulations and rules.”

The bill says that each agency and department shall review “whether a proposed rule or regulation affects small business”.  The bill would also require each agency and department to submit an economic impact statement before adopting any proposed regulation.

SB 55 would expand and codify a program implemented by Gov. Bredesen through Executive Order No. 38.

“Thirty states have similar laws in place,” Finney said.  “It is estimated that $7.2 billion was saved in 2006 by these states eliminating unnecessary regulations.”

Week of March 12, 2007

Despite being accused of doing nothing more than “giving each other high-fives”, the Republicans in the Senate have been working hard on many issues.  Illegal immigration, medical malpractice reform and public safety are just a few of the areas that have received attention this week.

State Election Commission

On Monday night, Jimmy Wallace of Madison County and Mark Goins of Campbell County, were elected by the General Assembly to the State Election Commission.  They were nominated by the Republican Caucus.  Mr. Wallace and Mr. Goins have previously served on the Commission, and the Caucus was honored to support them both for another four year term.

Illegal Immigration

The Senate understands that one of the most important issues facing Tennessee is illegal immigration.  On Wednesday, the Senate voted unanimously to end a program that had made Tennessee a magnet for illegal aliens. 

In 2004 the driving certificate program was set up to make the roads in Tennessee safer.  A certificate of driving was issued if the applicant failed to provide documentation that they were a citizen of the United States, or documentation issued by the United States government establishing that they were a lawful permanent resident. The certificate that was issued clearly stated that it was “for driving purposes only—not valid for identification.”  It quickly became apparent that the program made Tennessee a magnet for illegal aliens wanting to get drivers licenses. SB 886 by Sen. Bill Ketron (R-Murfreesboro) legally abolishes the failed driving certificate program. 

Also on Wednesday, the Senate Transportation Committee, chaired by Sen. Jim Tracy (R-Shelbyville), unanimously approved a measure to give the Tennessee Highway Patrol authority to enforce immigration laws.  SB 1604 by Sen. Mark Norris (R-Collierville) encourages highway patrol officers to get certification to enforce federal immigration and customs laws while conducting their normal duties. Similar bills were passed last year relative to both subjects, however the legislation died in the House.

Medical Malpractice Reform

Throughout the week, Republican Senators have been working on compromise legislation to end the gridlock on medical malpractice reform. 

Lt. Gov. Ron Ramsey (R-Blountville), in a speech to small business owners at a National Federation of Independent Business-sponsored event, said the compromise would “actually cut down on what’s really the problem — the frivolous lawsuits.”

“If we can get those moved out of court and say those are frivolous to begin with … that is a huge step in the right direction,” Ramsey said, adding that he’s “convinced” the compromise will save small business owners “big-time money” on health insurance premiums.  
                                                                                  -The City Paper
 

Sen. Bo Watson (R-Hixson) passed his first bill in the Senate this week.  SB 1144 was the culmination of years of work by Sen. Watson.  As amended, the bill would allow a licensed physical therapist to treat a patient without a referral under certain circumstances.

Sen. Jack Johnson’s (R-Brentwood) first bill is moving through the Senate as well.  SB 498 was passed by the Senate Transportation Committee this week.  The bill would redefine criminal offenses related to driving while viewing video broadcasts or installing such video equipment in motor vehicles.  It basically would prohibit drivers of automobiles from watching movies or doing business, like reading emails, by using a video screen located in the front seat

In the Judiciary Committee, Sen. Dewayne Bunch (R-Cleveland) passed SB 376. The bill would require law enforcement officers to conduct a test to determine the blood alcohol level of a driver involved in an accident resulting in injury or death if the officer has probable cause to believe the driver committed DUI, vehicular assault, vehicular homicide, or aggravated vehicular homicide.

More Big Talk on the Budget

While speaking at a photo opportunity on Sunday, Governor Bredesen expressed disappointment with members of the legislature.  While touting the enactment of a new government program, the Governor reiterated that he expects the legislature to pass his budget as presented.   

"I put a budget on the table that makes sense and puts an awful lot of money into local school systems," Bredesen said. "I think they should pass the budget as it sits, and I'm certainly going to fight for that."
                                                                           -Kingsport Times-News             

Republicans in the Senate have been quick to point out that each branch of government has different responsibilities.

Senate Majority Leader Mark Norris (R-Collierville) said relations remain "cordial" with the governor's office, despite some of the increased rhetoric. Norris recently told a Republican group that the governor's budget would not pass if a vote were taken immediately.

"The governor will readily admit that it is his responsibility to propose something, and sometimes all governors need to be reminded that it's the Legislature that disposes what he proposes," Norris said.
                                                                           -Associate Press

Week of March 5, 2007

Legislation Moves Through the Senate

The 105th General Assembly is in full swing. The week began with a bang on Monday night.  SB 201, sponsored by Sen. Bill Ketron (R-Murfreesboro), passed the full Senate to require that all written drivers license examinations be given in English unless the person has written security clearance from the U.S. Department of Homeland Security.

The Standing Committees were busy this week reviewing proposed budgets and considering legislation.  The Senate Judiciary Committee heard from Lt. Gov. Ron Ramsey (R-Blountville) on SB 1196.  The bill would require all individuals arrested of violent felonies to provide a DNA sample to the TBI.  Current law provides that persons provide a DNA sample only after they have been convicted and sentenced for certain violent felonies.  Known as the “Johnia Berry Act”, this bill is the result of years of work by Lt. Gov. Ramsey along with the parents of Johnia Berry. 

Johnia Berry was an ETSU graduate student that had moved to Knoxville to enroll at UT to work on a Master’s Degree.  On December 6, 2004, someone entered her apartment and brutally murdered her.  The killer has not been found despite the fact that DNA evidence was taken at the scene.  The parents of Johnia feel that Tennessee does not have enough DNA samples in their data bank.  Last year, Lt. Gov. Ramsey worked with the TBI to get more funding and staffing for the DNA data bank program.  This year Lt. Gov. Ramsey hopes to go all the way with passage of this legislation.  The bill was passed out of the Judiciary Committee and was referred to the Finance Committee.  More information about Johnia Berry can be found at www.johniaberry.org.

Sen. Diane Black (R-Gallatin) was able to pass two bills out of the Judiciary Committee.  One, SB 1178, also dealt with DNA testing.  Currently individuals who are convicted of a felony or certain misdemeanor sexual offenses are required to register with the sexual offender registry.  Only convicted felons are required to submit a DNA sample to the TBI.  This bill would require those misdemeanants that are told to register with the sexual offender registry to submit a DNA sample as well.  The other bill was SB 1172 which would require the Department of Safety to develop a code to be placed on drivers licenses.  The code would be placed on a license of a sexual offender to allow law enforcement the ability of quickly identifying convicted sexual predators.

The Senate Education Committee, chaired by Sen. Jamie Woodson (R-Knoxville), moved out a number of bills this week including one by Sen. Jim Tracy (R-Shelbyville). SB 1329 was designed to assist adult education students and teachers.  It would help qualifying adults with GED testing fees and classrooms with technology upgrades.  The bill would also provide for increases in pay for adult education teachers.

Watson Participates in Read Across America

Sen. Bo Watson (R-Hixson) spent last Friday reading to students at Hamilton County Schools.  He read from a Dr. Seuss selection at Ganns Middle Valley.  At Hixson High School, Sen. Watson read from three of his favorite books, and lead a discussion on these books with the students. 

Read Across America celebrated the life of Dr. Seuss and his many books including “The Cat in the Hat” on March 2. 

Deanna Johnson, wife of Sen. Jack Johnson (R-Brentwood), also spent the day reading to students at Williamson County Schools. 
     
Budget Battle Brewing

With another week behind us, we have another week of Bredesen trying to strong-arm the Legislature.  Late last week, Gov. Bredesen announced that he did not want to negotiate the size of his proposed 40 cent cigarette tax.
  
"I've put forward a cigarette tax (increase) of 40 cents that I think is a very reasonable and conservative amount of money," Bredesen said. "It still keeps our cigarette tax well below even national averages.

"And I'm not in any sense compromising on that," he said.
                                                                              -Associated Press

Senate Majority Leader Mark Norris (R-Collierville) responded on Monday at the Pachyderm Club in Chattanooga by questioning the need for a $200 million dollar tax increase.   

“If we voted on the budget tomorrow, he couldn’t pass it,” the West Tennessee senator said.

Gov. Bredesen’s $27.48 billion budget for fiscal 2007-08 includes about $941 million in increased spending over this year. It calls for a 40 cent-per-pack hike on cigarette taxes to raise $219 million, mostly for new education programs.

But Sen. Norris said the state’s healthy economy and budget surpluses ought to preclude raising any taxes. The budget anticipates $401 million in Department of Revenue growth.

“There should be plenty of money to fund education programs without the (cigarette ) tax increase,” he told the group of local Republicans. “We should wait before we start raising taxes until we really need the money.”
                                                                              -Chattanooga Times Free Press

On the other side of the budget, Sen. Mae Beavers (R-Mt. Juliet) is proposing to eliminate the sales tax on food.  The Governor has called the plan “political voodoo”.  Commissioner of Finance and Administration said this week that the plan will cause harm to the state’s financial future.

 "We will fight this proposal with everything at our disposal," Goetz said.
                                                                              -The Tennessean